U.S. v. Delgado, No. 07–41041.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Citation | 646 F.3d 222 |
| Decision Date | 07 July 2011 |
| Parties | UNITED STATES of America, Plaintiff–Appellee,v.Maria Aide DELGADO, Defendant–Appellant. |
| Docket Number | No. 07–41041. |
646 F.3d 222
UNITED STATES of America, Plaintiff–Appellee,
v.
Maria Aide DELGADO, Defendant–Appellant.
No. 07–41041.
United States Court of Appeals, Fifth Circuit.
July 7, 2011.
James Lee Turner (argued), Renata Ann Gowie, Asst. U.S. Attys., Houston, TX, for Plaintiff–Appellee.Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Margaret Christina Ling (argued), Asst. Fed. Pub. Defenders, Houston, TX, for Defendant–Appellant.Appeal from the United States District Court for the Southern District of Texas; Randy Crane, Judge.(Opinion Jan. 19, 2011, 5th Cir., 2011, 631 F.3d 685)Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES and GRAVES, Circuit Judges.BY THE COURT:
A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court's own motion, to rehear this case en banc,
[646 F.3d 223]
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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3 practice notes
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United States v. Delgado, 07-41041
...Delgado, 631 F.3d 685 (5th Cir. 2011). The panel opinion was vacated by our decision to rehear the case en banc. United States v. Delgado, 646 F.3d 222 (5th Cir. 2011). For the reasons stated below, we now affirm Delgado's convictions and sentence.I. FACTS AND PROCEEDINGS Delgado was the so......
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United States v. Delgado, 07–41041.
...Delgado, 631 F.3d 685 (5th Cir.2011). The panel opinion was vacated by our decision to rehear the case en banc. United States v. Delgado, 646 F.3d 222 (5th Cir.2011). For the reasons stated below, we now affirm Delgado's convictions and sentence.I. FACTS AND PROCEEDINGS Delgado was the sole......
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U.S. v. Bacon, 10–40088.
...conduct does not violate due process. A guideline violates due process only if it has no rational basis or is subject to arbitrary [646 F.3d 222] application. See United States v. Molina, 469 F.3d 408, 413–14 (5th Cir.2006); see also Garner, 490 F.3d at 743 (“[The defendant] does not explai......
3 cases
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United States v. Delgado, 07-41041
...Delgado, 631 F.3d 685 (5th Cir. 2011). The panel opinion was vacated by our decision to rehear the case en banc. United States v. Delgado, 646 F.3d 222 (5th Cir. 2011). For the reasons stated below, we now affirm Delgado's convictions and sentence.I. FACTS AND PROCEEDINGS Delgado was the so......
-
United States v. Delgado, 07–41041.
...Delgado, 631 F.3d 685 (5th Cir.2011). The panel opinion was vacated by our decision to rehear the case en banc. United States v. Delgado, 646 F.3d 222 (5th Cir.2011). For the reasons stated below, we now affirm Delgado's convictions and sentence.I. FACTS AND PROCEEDINGS Delgado was the sole......
-
U.S. v. Bacon, 10–40088.
...conduct does not violate due process. A guideline violates due process only if it has no rational basis or is subject to arbitrary [646 F.3d 222] application. See United States v. Molina, 469 F.3d 408, 413–14 (5th Cir.2006); see also Garner, 490 F.3d at 743 (“[The defendant] does not explai......