United States v. Anthony Kebodeaux

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 13, 2013
• Docket: 08-51185
• Status: Published

Opinion

Case: 08-51185 Document: 00512339655 Page: 1 Date Filed: 08/13/2013

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED August 13, 2013 No. 08-51185 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTHONY JAMES KEBODEAUX, also known as Anthony Kebodeaux,

Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before STEWART, Chief Judge, KING, JOLLY, DAVIS, JONES, SMITH, GARZA, BENAVIDES, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, and GRAVES, Circuit Judges.*

PER CURIAM:

This court reversed the conviction and rendered a judgment of dismissal.

* Judge Higginson was not a member of the court when this case was submitted to the court en banc and did not participate in the original en banc decision or in this decision. Case: 08-51185 Document: 00512339655 Page: 2 Date Filed: 08/13/2013

No. 08-51185

United States v. Kebodeaux, 687 F.3d 232 (5th Cir. 2012) (en banc). The Supreme Court reversed and remanded. United States v. Kebodeaux, 133 S. Ct. 2496 (2013). The defendant was convicted after a bench trial based on stipulated facts. On appeal, he raised only the issue that the Supreme Court has now decided adversely to him. No further proceedings are required. The judgment of convic- tion is AFFIRMED.