United States of America, Plaintiff-appellee, v. Levino Michelena-orovio, Defendant-appellant, 706 F.2d 502 (5th Cir. 1983)

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US Court of Appeals for the Fifth Circuit - 706 F.2d 502 (5th Cir. 1983) May 18, 1983

Dymond, Crull & Castaing, Edward J. Castaing, New Orleans, La., for defendant-appellant.

John Volz, U.S. Atty., Marilyn Barnes, Michael Schatzow, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellee.

Appeal from the United States District Court for the Eastern District of Louisiana, Frederick J.R. Heebe, Chief Judge.

ON SUGGESTION FOR REHEARING EN BANC.

(Opinion March 25, 1983, 5 Cir., 1982, 702 F.2d 496)

Before CLARK, Chief Judge, BROWN, WISDOM, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.


BY THE COURT:

A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the 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.

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