U.S. v. Anderson
| Decision Date | 03 November 1988 |
| Docket Number | No. 87-2905,87-2905 |
| Citation | 860 F.2d 166 |
| Parties | -6047 UNITED STATES of America, Plaintiff-Appellee, v. Joe Alvin ANDERSON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Thomas D. Moran, Stanley G. Schneider, Houston, Tex., for defendant-appellant.
Paula C. Offenhauser, Frances H. Stacy, Don Degabrielle, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Texas; Ross N. Sterling, Judge.
ON SUGGESTION FOR REHEARING EN BANC
(Opinion August 15, 1988, 5 Cir., 1988, 853 F.2d 313)
Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, and SMITH, Circuit Judges.
A member of the Court in active service having requested a poll on the suggestion 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.
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U.S. v. Anderson
...en banc. Id. at 322 (Jolly, J., concurring). We granted rehearing en banc in order to reconsider our holding in Vasquez. 860 F.2d 166 (5th Cir.1988). We reverse the panel's on mens rea and overrule Vasquez, but adopt the panel's treatment of the remaining issues. 2 Background The Act, 26 U.......
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U.S. v. Williams
...Fifth Circuit has recently expressed a similar view. In United States v. Anderson, 853 F.2d 313 (5th Cir.1988), reh'g granted, 860 F.2d 166 (1988) (en banc), the court indicated that if the case before it were one of first impression, "we might well be inclined to adopt the position taken b......