U.S. v. McFarland
| Decision Date | 04 February 2002 |
| Docket Number | No. 00-10569.,00-10569. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. James McFARLAND, Jr., Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Kathleen A. Felton, U.S. Dept. of Justice, Crim. Div. App. Section, Washington, DC, Delonia Anita Watson (argued), Fort Worth, TX, for Plaintiff-Appellee.
Stephen U. Baer (argued), Baer & Associates, Dallas, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas; Terry R. Means, Judge.
ON PETITION FOR REHEARING EN BANC
(Opinion August 29, 2001, 5 Cir., 2001, 264 F.3d 557)
Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.
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.
To continue reading
Request your trial
-
U.S. v. Angleton
...has granted en banc rehearing on the issue. United States v. McFarland, 264 F.3d 557 (5th Cir.2001), rehearing en banc granted, 281 F.3d 506 (5th Cir.2002). Unlike the statutes in Lopez, Morrison, or the Hobbs Act cases, section 1958 does not purport to regulate murder for hire because the ......
-
U.S. v. McFarland
...Hickman en banc affirmance and Judge Higginbotham's dissent therefrom. The Court subsequently took the case en banc. United States v. McFarland, 281 F.3d 506 (5th Cir.2002). Facts and Procedural McFarland was charged in a ten count indictment with five Hobbs Act robbery counts, and five rel......