U.S. v. Knox, 96-50340

Decision Date05 August 1997
Docket NumberNo. 96-50340,96-50340
Citation120 F.3d 42
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Shannon KNOX and David Brace, Defendants-Appellants.
CourtU.S. Court of Appeals — Fifth Circuit

Richard L. Durbin, Jr., Asst. U.S. Attorney, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes, San Antonio, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas; Edward C. Prado, Judge.

Prior report: 112 F.3d 802.

ORDER

The court has taken this matter for en banc review as relates to the conviction of David Brace only and the panel opinion affirming the conviction of Shannon Knox remains unaffected thereby and is forthwith severed.

To continue reading

Request your trial
5 cases
  • U.S. v. John
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 9 Febrero 2010
    ...(2d Cir. 1993); but see United States v. Knox, 112 F.3d 802, 813 (5th Cir.1997), vacated in part on other grounds by United States v. Knox, 120 F.3d 42 (5th Cir.1997); United States v. Mullen, 986 F.2d 503 (8th Cir. 1993) (unpublished table 91. See Puckett v. United States, ___ U.S. ___, 12......
  • U.S. v. Brace
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 24 Junio 1998
    ...portion of the opinion as it related to him. United States v. Knox, 112 F.3d 802 (5th Cir.), severed and granted rehearing en banc by 120 F.3d 42 (5th Cir.), cert. denied as to Knox, --- U.S. ----, 118 S.Ct. 616, 139 L.Ed.2d 501 (1997). Upon rehearing en banc as to Brace, we Brace was the p......
  • U.S. v. Thompson
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 4 Diciembre 1997
    ...stated in the text. The Knox predisposition holding has been vacated pending review by the en banc court. See United States v. Knox, 120 F.3d 42 (5th Cir.1997); 5TH CIR. R . 41.3.31 A rational jury could have found beyond a reasonable doubt that Thompson intended to have Judge Hoyt killed. ......
  • U.S. v. Waskom, s. 98-10128
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 22 Junio 1999
    ...despite the defendant's claim that he was unprepared to launder the full amount at issue), vacated in part on other grounds, 120 F.3d 42 (5th Cir.1997); United States v. Brown, 74 F.3d 891, 893 (8th Cir.1996) (noting that the reduction may be denied "even though a defendant had not reached ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT