U.S. v. Gomez-Gomez

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Jorge GOMEZ-GOMEZ, also…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 11, 2008

517 F.3d 730 (5th Cir. 2008)

Opinion

No. 05-41461.

February 11, 2008.

John Richard Berry, James Lee Turner, Asst. U.S. Attys., Tony Ray Roberts (argued), Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling (argued), Asst. Fed. Pub. Def., Phiip G. Gallagher, Houston, TX, for Gomez-Gomez.

Appeal from the United States District Court for the Southern District of Texas; Hilda G. Tagle, Judge.

ON PETITION FOR REHEARING EN BANC

(Opinion July 20, 2007, 5th Cir., 2007, 493 F.3d 562)

Before JONES, Chief Judge, and JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD and SOUTHWICK, Circuit Judges.¹

1 Judge King did not participate in the en banc vote.

BY THE COURT:

A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.