USA v. Crittenden, No. 18-50635 (5th Cir. 2022)

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This opinion or order relates to an opinion or order originally issued on August 20, 2020.

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United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 2, 2022 No. 18-50635 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellant, versus Samuel Tanel Crittenden, Defendant—Appellee. Appeal from the United States District Court for the Western District of Texas USDC No. 3:17-CR-2039-2 (Opinion August 20, 2020, 5 Cir., 2020, 971 F.3d 499, withdrawn) (Opinion February 8, 2022, 5 Cir., 2022, 25 F.4th 347) Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves,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 majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court’s own motion, to rehear this case en banc, No. 18-50635 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 February 8, 2022, is VACATED. 2