United States v. Brigham

                                                        United States Court of Appeals
                                                                 Fifth Circuit
                                                              F I L E D
                IN THE UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT                November 6, 2003

                                                          Charles R. Fulbruge III
                                                                  Clerk
                             No. 02-40719


UNITED STATES OF AMERICA

                                               Plaintiff-Appellee

                                versus

REGINALD BRIGHAM

                                               Defendant-Appellant

                            - - - - -
      Appeal from the United States District Court for the
                    Eastern District of Texas
                            - - - - -

                   ON PETITION FOR REHEARING EN BANC

     (Opinion August 18, 2003, 5 Cir., 2003, _____F.3d____)

                          (November 6, 2003)

BEFORE:    KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,
           SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS,
           BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, 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.