943 F2d 6 United States v. Pierre III

943 F.2d 6

UNITED STATES of America, Plaintiff-Appellee,
v.
Terry James PIERRE and Otis Harris, III, Defendants-Appellants.

No. 90-8273.

United States Court of Appeals,
Fifth Circuit.

Sept. 16, 1991.

Kenneth D. DeHart, Alpine, Tex. (Court-appointed), for Pierre.

Charles Louis Roberts, El Paso, Tex., for Harris.

W.W. Torrey, LeRoy Morgan Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Appeals from the United States District Court for the Western District of Texas; Lucuis D. Bunton, III, Chief Judge.

(Opinion May 21, 1991, 5 Cir., 1991, 932 F.2d 377)

Before CLARK, Chief Judge, POLITZ, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.*

BY THE COURT:


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1

A majority of the Judges in active service, on the Court's own motion, having determined to have this case reheard en banc,

2

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.

*

Judge Alvin B. Rubin was a member of the panel that decided this case but died subsequent thereto on June 11, 1991