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226 F3d 651 United States v. Robert Randall Reinhart

226 F.3d 651 (5th Cir. 2000)

UNITED STATES, Plaintiff-Appellee,
v.
ROBERT RANDALL REINHART, Defendant-Appellant.

No. 98-30547

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

September 11, 2000

Appeals from the United States District Court for the Western District of Louisiana; Richard T. Haik, Sr., Judge.

Before GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

Prior Report: 204 F.3d 581

PER CURIAM:

1

In view of the concession of the United States, in its brief before the en banc court, that Defendant-Appellant Robert Randall Reinhart's action in superimposing a photograph of the face of an identifiable minor on an image of the nude body is not conduct proscribed by 18 U.S.C. § 2251(a)and that remand for resentencing is hence appropriate, en banc consideration is no longer required and this case is remanded to the panel.