United States v. Margarita Martinez De Ortiz

897 F.2d 220, 1990 U.S. App. LEXIS 3377, 1990 WL 20175

Opinion

ORDER

The suggestion for rehearing en banc in this case is granted. The judgment entered by the panel is vacated, and the case will be set for oral argument at the convenience of the court.

The parties are invited to file supplementary briefs addressing the question whether § 5.11 of this circuit’s pattern jury instructions, Federal Criminal Jury Instructions of the Seventh Circuit § 5.11 (1980), is consistent with Fed.R.Evid. 104 and Bourjaily v. United States, 483 U.S. 171, 107 S.Ct. 2775, 97 L.Ed.2d 144 (1987). The federal defenders of this circuit also are invited to file briefs addressing this question.