U.S. v. Holland, 76-3763

Decision Date04 January 1978
Docket NumberNo. 76-3763,76-3763
PartiesUNITED STATES of America, Plaintiff-Appellee, v. William W. HOLLAND, Defendant-Appellant.
CourtU.S. Court of Appeals — Fifth Circuit

Sterling G. Culpepper, Jr. (Court-Appointed), Charles S. Coody, Montgomery, Ala., for defendant-appellant.

Barry E. Teague, U. S. Atty., Milton L. Moss, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.

BY THE COURT:

The mandate of the court having prematurely issued incident to the panel opinion and having properly been complied with by the district court, and the cause having thereafter been voted en banc by the court,

IT IS ORDERED that the mandate herein remain undisturbed, that the opinion of the panel, reported at 552 F.2d 667, be withdrawn, and that the en banc court be dissolved.

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6 cases
  • Marshall v. Gibson's Products, Inc. of Plano
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • November 20, 1978
    ...issue search warrant, it had no jurisdiction to issue order in aid of investigation by Postal Service), Vacated on other grounds, 565 F.2d 383 (1978) (en banc), and we do not address it here. See note 6 Supra. It is clear, however, that the Court did not purport to address the issue we deci......
  • Sanchez v. Attorney General
    • United States
    • Court of Appeals of New Mexico
    • June 26, 1979
    ...the order for handwriting exemplars, Sanchez cites United States v. Holland, 552 F.2d 667 (5th Cir. 1977), opinion withdrawn, 565 F.2d 383 (5th Cir. 1978). Holland, supra, is quite similar to this case; there, the United States attorney filed a motion to compel handwriting exemplars. Pointi......
  • State v. Mitchell, 51066
    • United States
    • Kansas Supreme Court
    • December 1, 1979
    ...authority, as the en banc court ordered that the mandate remain undisturbed, but that the opinion of the panel be withdrawn. 565 F.2d 383 (5th Cir. 1978). The withdrawn Holland opinion held the lower federal court was a court of limited jurisdiction; hence, it had no authority other than th......
  • Marshall v. Shellcast Corp.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 16, 1979
    ...issue search warrant, it has no jurisdiction to issue order in aid of investigation by Postal Service), vacated on other grounds, 565 F.2d 383 (1978) (en banc).4 The court in Gibson's wrote:The legislative history of OSHA indicates that Congress may have omitted to provide jurisdiction for ......
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