United States v. Calderon-Pena

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 4, 2004 Charles R. Fulbruge III Clerk No. 02-20331 UNITED STATES OF AMERICA Plaintiff-Appellee versus PEDRO CALDERON-PENA Defendant-Appellant - - - - - Appeal from the United States District Court for the Southern District of Texas - - - - - ON PETITION FOR REHEARING EN BANC (Opinion July 17, 2003, 5 Cir., 2003, _____F.3d____) (March 4, 2004) BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and PICKERING, Circuit Judges. BY THE COURT: A member of the Court in active service having requested a poll on the petition 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 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.