U.S. v. Brumley

Decision Date17 July 1996
Docket NumberNo. 94-40560,94-40560
Citation91 F.3d 676
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Michael Bryant BRUMLEY, Defendant-Appellant.
CourtU.S. Court of Appeals — Fifth Circuit

Mervyn J. Hamburg, United States Department of Justice, Criminal Division, Washington, DC, Traci Lynne Kenner, Assistant U.S. Attorney, Lon Stuart Platt, Office of the United States Attorney, Tyler, TX; Carol Kay Johnson, Assistant U.S. Attorney, United States Attorneys Office, Sherman, TX, for U.S.

George Michael Jamail, Bernsen, Jamail & Goodson, Beaumont, TX, for defendant-appellant.

Appeal from the United States District Court for the Eastern District of Texas; Richard A. Schell, Chief Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion March 28, 1996, 5 Cir., 1996,

79 F.3d 1430)

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.

BY THE COURT:

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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5 cases
  • U.S. v. Manges
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 15, 1997
    ...the panel opinion in United States v. Brumley (Brumley II), 79 F.3d 1430 (5th Cir.1996), opinion vacated and reh'g en banc granted, 91 F.3d 676 (5th Cir.1996). The panel in Brumley II held that the federal mail fraud statute does not proscribe conduct which deprives the citizens of a state ......
  • U.S. v. Paradies
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • September 23, 1996
    ...The defendants argue that the Fifth Circuit's decision in United States v. Brumley, 79 F.3d 1430 (5th Cir.), reh'g en banc granted, 91 F.3d 676 (5th Cir.1996), supports its position. In that case, the court found that Congress did not intend that § 1346 overrule the decision in McNally v. U......
  • U.S. v. Brumley
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 18, 1997
    ...79 F.3d 1430, 1441-42 (5th Cir.1996). We granted the government's petition for rehearing en banc on July 17, 1996. United States v. Brumley, 91 F.3d 676 (5th Cir.1996). II Texas' workers' compensation law was long administered by the Texas Industrial Accident Board. Under this regime the Bo......
  • U.S. v. Tencer
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 10, 1997
    ...U.S. ----, 117 S.Ct. 759, 136 L.Ed.2d 695 (1997); United States v. Brumley, 79 F.3d 1430, 1442 (5th Cir.), reh'g en banc granted, 91 F.3d 676 (5th Cir.1996). In O'Hagan, the court first vacated securities fraud counts and then vacated mail fraud counts premised in the indictment on acts tha......
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