United States v. Gomez-Gomez

1Judge King did not participate in the en banc vote.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41461
UNITED STATES OF AMERICA
Plaintiff-Appellee
vs.
JORGE GOMEZ-GOMEZ
Defendant-Appellant
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Appeal from the United States District Court for the
Southern District of Texas
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ON PETITION FOR REHEARING EN BANC
(Opinion July 20, 2007, 5 Cir., 2007, _____F.3d____)
(February 11, 2008)
BEFORE: JONES, Chief Judge, JOLLY, DAVIS, SMITH, WIENER,
BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT,
PRADO, OWEN, ELROD and SOUTHWICK, Circuit Judges.1
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.

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