USA v. Anthony Kebodeaux, No. 08-51185 (5th Cir. 2013)

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This opinion or order relates to an opinion or order originally issued on February 18, 2011.

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Case: 08-51185 Document: 00512339655 Page: 1 Date Filed: 08/13/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-51185 August 13, 2013 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 conviction is AFFIRMED. 2