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.