U.S. v. Kirk
| Decision Date | 05 March 1996 |
| Docket Number | No. 94-50472,94-50472 |
| Citation | U.S. v. Kirk, 78 F.3d 160 (5th Cir. 1996) |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. William Joseph KIRK, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
E.G. Morris, Morris & Florey, Austin, TX, for Appellant.
Mark R. Stelmach, Richard L. Durbin, Jr., Asst. U.S. Attys., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for Appellee.
Appeal from the United States District Court for the Western District of Texas; Sam Sparks, Judge.
ON SUGGESTION FOR REHEARING EN BANC
(Opinion November 7, 1995, 5 Cir., 1995, 70 F.3d 791)
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 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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11 cases
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U.S. v. Rybar
...--- U.S. ----, 117 S.Ct. 72, 136 L.Ed.2d 32 (1996); United States v. Kirk, 70 F.3d 791 (5th Cir.1995), reh'g en banc granted, 78 F.3d 160 (5th Cir.1996). The court in Kirk noted that the statute applied only to machine guns not lawfully possessed before May 1986, and thus functioned princip......
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U.S. v. Kirk
...constitutional challenge and affirmed his conviction. United States v. Kirk, 70 F.3d 791 (5th Cir.1995), reh'g en banc granted, 78 F.3d 160 (5th Cir.1996). Because this case poses similar constitutional questions to those presented in United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 13......
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U.S. v. Branch
...power under the Commerce Clause. That panel decision has been vacated, and the case is currently pending before the en banc court. 78 F.3d 160 (5th Cir.1996). The en banc court's resolution of this issue will govern the ultimate validity of Fatta's convictions on Counts 9 and 10. Under pre-......
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U.S. v. Cleveland
...May 19, 1986). However, the decision in Kirk was recently vacated, and the case is presently pending before the en banc court. See 78 F.3d 160 (1996). 5. Counts 3 through 6 charge defendants Carl Cleveland, Fred Goodson, and Maria Goodson with mail fraud. Counts 5 and 6 also charge defendan......
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