U.S. v. Pierre, 90-8273

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore CLARK, Chief Judge, POLITZ, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, and EMILIO M. GARZA
Citation943 F.2d 6
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Terry James PIERRE and Otis Harris, III, Defendants-Appellants.
Docket NumberNo. 90-8273,90-8273
Decision Date16 September 1991

Page 6

943 F.2d 6
UNITED STATES of America, Plaintiff-Appellee,
v.
Terry James PIERRE and Otis Harris, III, Defendants-Appellants.
No. 90-8273.
United States Court of Appeals,
Fifth Circuit.
Sept. 16, 1991.

Kenneth D. DeHart, Alpine, Tex. (Court-appointed), for Pierre.

Charles Louis Roberts, El Paso, Tex., for Harris.

W.W. Torrey, LeRoy Morgan Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Appeals from the United States District Court for the Western District of Texas; Lucuis D. Bunton, III, Chief Judge.

(Opinion May 21, 1991, 5 Cir., 1991, 932 F.2d 377)

Before CLARK, Chief Judge, POLITZ, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. *

BY THE COURT:

A majority of the Judges in active service, on the Court's own motion, having determined to have this case reheard 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.

---------------

* Judge Alvin B. Rubin was a member of the panel that decided this case but died subsequent thereto on June 11, 1991.

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6 practice notes
  • U.S. v. Pineda-Ortuno, PINEDA-ORTUNO and C
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 16, 1992
    ...that the evidence is insufficient to support knowing possession and conspiracy. However, rehearing en banc has been granted in that case. 943 F.2d 6 (5th Cir.1991). Therefore, the panel decision is vacated and of no precedential value. 5th Cir.R. 41.3; Selvage v. Lynaugh, 842 F.2d 89, 91 (5......
  • U.S. v. Rideau, 91-4172
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 14, 1992
    ...party has suggested it. In fact, we have done so twice recently in cases implicating the Fourth Amendment. I.e., United States v. Pierre, 943 F.2d 6 (5th Cir.1991) (sua sponte granting rehearing en banc); United States v. DeLeon-Reyna, 908 F.2d 1229 (5th Cir.1990) (same). But we should take......
  • Reed v. Rogers, CIVIL ACTION NO. 14-2458 SECTION "I"(2)
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • December 3, 2014
    ...App'x 638, 639 (5th Cir. 2008); Raborn v. Inpatient Management Partners, Inc., 278 F. App'x 402, 404-05 (5th Cir. 2008); Aucoin v. K-Mart, 943 F.2d 6, 8-9 (5th Cir. 1991) (upholding trial court's dismissal for failure to prosecute the slip-and-fall case of a plaintiff who failed to appear a......
  • Oliver v. Sheriff Gusman, CIVIL ACTION NO. 14-2482 SECTION "S"(2)
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • January 15, 2015
    ...App'x 638, 639 (5th Cir. 2008); Raborn v. Inpatient Management Partners, Inc., 278 F. App'x 402, 404-05 (5th Cir. 2008); Aucoin v. K-Mart, 943 F.2d 6, 8-9 (5th Cir. 1991) (upholding trialPage 4court's dismissal for failure to prosecute the slip-and-fall case of a plaintiff who failed to app......
  • Request a trial to view additional results
6 cases
  • U.S. v. Pineda-Ortuno, PINEDA-ORTUNO and C
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 16, 1992
    ...that the evidence is insufficient to support knowing possession and conspiracy. However, rehearing en banc has been granted in that case. 943 F.2d 6 (5th Cir.1991). Therefore, the panel decision is vacated and of no precedential value. 5th Cir.R. 41.3; Selvage v. Lynaugh, 842 F.2d 89, 91 (5......
  • U.S. v. Rideau, 91-4172
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 14, 1992
    ...party has suggested it. In fact, we have done so twice recently in cases implicating the Fourth Amendment. I.e., United States v. Pierre, 943 F.2d 6 (5th Cir.1991) (sua sponte granting rehearing en banc); United States v. DeLeon-Reyna, 908 F.2d 1229 (5th Cir.1990) (same). But we should take......
  • Reed v. Rogers, CIVIL ACTION NO. 14-2458 SECTION "I"(2)
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • December 3, 2014
    ...App'x 638, 639 (5th Cir. 2008); Raborn v. Inpatient Management Partners, Inc., 278 F. App'x 402, 404-05 (5th Cir. 2008); Aucoin v. K-Mart, 943 F.2d 6, 8-9 (5th Cir. 1991) (upholding trial court's dismissal for failure to prosecute the slip-and-fall case of a plaintiff who failed to appear a......
  • Oliver v. Sheriff Gusman, CIVIL ACTION NO. 14-2482 SECTION "S"(2)
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • January 15, 2015
    ...App'x 638, 639 (5th Cir. 2008); Raborn v. Inpatient Management Partners, Inc., 278 F. App'x 402, 404-05 (5th Cir. 2008); Aucoin v. K-Mart, 943 F.2d 6, 8-9 (5th Cir. 1991) (upholding trialPage 4court's dismissal for failure to prosecute the slip-and-fall case of a plaintiff who failed to app......
  • Request a trial to view additional results

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