U.S. v. Blount, 95-20359
| Decision Date | 09 January 1997 |
| Docket Number | No. 95-20359,95-20359 |
| Citation | 104 F.3d 58 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Donnie Lamont BLOUNT and Gaylin Terod Johnson, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Alice Ann Burns, Asst. U.S. Atty., U.S. Attorney's Office, Paula Camille Offenhauser, Houston, TX, for plaintiff-appellee.
Robert E. Dolan, Houston, TX, for Gaylin Terod Johnson, defendant-appellant.
George McCall Secrest, Jr., Bennett, Secrest & Meyers, Houston, TX, for Donnie Lamont Blount, defendant-appellant.
Appeals from the United States District Court for the Southern District of Texas, Melinda Harmon, Judge.
(Opinion October 22, 1996, 5 Cir., 1996, 98 F.3d 1489).
Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.
A majority of judges in active service having determined, on the Court's own motion, to rehear this case 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. Canady
...top of a six foot television stand in living room and package of cocaine was found in closet of same home), reh'g en banc granted, 104 F.3d 58 (5th Cir.1997), or (2) moved the firearm from one place to another, see, e.g., Giraldo, 80 F.3d at 677 (gun transported in defendant's car during na......
-
U.S. v. Christy
...basis for believing that resort to a magistrate would have created risks of a greater magnitude), opinion vacated by United States v. Blount, 104 F.3d 58 (5th Cir.1997) and United States v. Blount, 123 F.3d 831 (5th Cir.1997).III. THE COURT WILL SUPPRESS CHRISTY'S STATEMENTS TO PROCTOR. The......
-
U.S. v. Fields
...in the side yard. Appellants' heavy reliance on United States v. Blount, 98 F.3d 1489 (5th Cir.1996), reh'g en banc granted, 104 F.3d 58 (5th Cir.1997), is misplaced. There a police officer, acting on an informant's tip that a fleeing suspect might end up at a particular private dwelling, w......
-
United States v. Christy, CR 10-1534 JB
...basis for believing that resort to a magistrate would have created risks of a greater magnitude), opinion vacated by United States v. Blount, 104 F.3d 58 (5th Cir. 1997) and United States v. Blount, 123 F.3d 831 (5th Cir. 1997).III. THE COURT WILL SUPPRESS CHRISTY'S STATEMENTS TO PROCTOR. T......