United States v. Martinez Ortiz

Full title: UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. MARGARITA MARTINEZ DE…

Court: United States Court of Appeals, Seventh Circuit

Date published: Feb 14, 1990

897 F.2d 220 (7th Cir. 1990)

Opinion

No. 88-1760.

February 14, 1990.

Appeal from the United States District Court for the Eastern District of Wisconsin, No. 87 CR 121; Thomas J. Curran, Judge.

Before^_ BAUER, Chief Judge, and CUMMINGS, CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE. Circuit Judges.

_ Harlington Wood, Jr., Circuit Judge, did not participate in the consideration or decision of this case.

ORDER

The suggestion for rehearing en banc in this case is granted. The judgment entered by the panel is vacated, and the case will be set for oral argument at the convenience of the court.

The parties are invited to file supplementary briefs addressing the question whether § 5.11 of this circuit's pattern jury instructions, Federal Criminal Jury Instructions of the Seventh Circuit § 5.11 (1980), is consistent with Fed.R.Evid. 104 and Bourjaily v. United States, 483 U.S. 171, 107 S.Ct. 2775, 97 L.Ed.2d 144 (1987). The federal defenders of this circuit also are invited to file briefs addressing this question.