United States v. Terry James Pierre and Otis Harris, III

943 F.2d 6, 1991 U.S. App. LEXIS 21915

Opinion

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:

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

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