United States v. Aguilar-Torres

130 F.4th 450

Opinion

United States Court of Appeals for the Fifth Circuit ___________ United States Court of Appeals Fifth Circuit

No. 23-50866 FILED October 28, 2024 ___________ Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Elauterio Aguilar-Torres,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:23-CR-272-1 ______________________________

ON PETITION FOR REHEARING EN BANC

(Opinion September 9, 2024, 5 Cir., 2024, 116 F.4th 341)

Before Elrod, Chief Judge, and Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges. Per Curiam: A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court’s own motion, to rehear this case en banc, No. 23-50866

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. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated September 9, 2024, is VACATED.