U.S. v. Pierre

Citation943 F.2d 6
Decision Date16 September 1991
Docket NumberNo. 90-8273,90-8273
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Terry James PIERRE and Otis Harris, III, Defendants-Appellants.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

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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5 cases
  • U.S. v. Pineda-Ortuno
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 16, 1992
    ...... United States v. Kaufman, 858 F.2d 994, 1000 (5th Cir.1988). .         Appellants rely on United States v. Pierre, 932 F.2d 377 (5th Cir.1991), in support of their position that the evidence is insufficient to support knowing possession and conspiracy. However, ......
  • U.S. v. Rideau
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 14, 1992
    ...no 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 t......
  • U.S. v. Pierre
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 13, 1992
    ...reversed Harris' convictions. On the court's own motion, we ordered rehearing en banc primarily to address this issue. United States v. Pierre, 943 F.2d 6 (5th Cir.1991). II. The search and arrests at issue took place at the Sierra Blanca checkpoint, a fixed checkpoint on Interstate 10 near......
  • Reed v. Rogers
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • December 3, 2014
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