United States v. Morton

Opinion

United States Court of Appeals for the Fifth Circuit

___________ United States Court of Appeals Fifth Circuit

No. 19-10842

FILED

May 18, 2021

___________

Lyle W. Cayce

United States of America, Clerk

Plaintiff—Appellee,

versus

Brian Matthew Morton,

Defendant—Appellant.

______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:19-CR-17-1

______________________________

ON PETITION FOR REHEARING EN BANC

(Opinion January 5, 2021, 5 Cir., 2021, 984 F.3d 421)

Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges. Per Curiam:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

No. 19-10842

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 January 5, 2021, is VACATED.