United States v. Fox

                    IN THE UNITED STATES COURT OF APPEALS

                              FOR THE FIFTH CIRCUIT

                            __________________________

                                   No. 00-40034
                            __________________________

UNITED STATES OF AMERICA,
                                                          Plaintiff-Appellee,

                                       versus

GEORGE ERVIN FOX, JR.,
                                                          Defendant-Appellant.

            ___________________________________________________

               Appeal from the United States District Court
                     For the Eastern District of Texas

            ___________________________________________________
                                May 31, 2002
           ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before WIENER and STEWART, Circuit Judges, and SMITH,* District
Judge.

BY THE COURT:

       The Supreme Court of the United States, by order in No. 01-

805,       George   Ervin   Fox   v.   United   States,   granted   appellant’s

petition for a writ of certiorari, vacated the judgment (conviction

and sentence) in the case, and remanded it to us for further

consideration in light of Ashcroft v. Free Speech Coalition, 535

U.S. ___ (2002).

       IT IS ORDERED that the captioned case be and it is hereby



       *
      District Judge of the Western District of Texas, sitting
by designation.
remanded to the United States District Court for the Eastern

District   of   Texas   for   further   proceedings   and   disposition

consistent with the aforesaid order of the Supreme Court.




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