United States v. Marroquin, 030118 FED5, 16-40367

Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
Judge Panel:Before WIENER, HIGGINSON, and COSTA, Circuit Judges. Judge Smith, joined by Judges Jones and Ho, dissents GREGG COSTA, United States Circuit Judge
Opinion Judge:PER CURIAM.
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee v. RAFAEL RIOS MARROQUIN, also known as Tomas Andres Marroquin, Defendant-Appellant UNITED STATES OF AMERICA, Plaintiff - Appellee v. RAFAEL RIOS MARROQUIN, Defendant-Appellant
Case Date:March 01, 2018
Docket Nº:16-40367, 16-40368
 
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UNITED STATES OF AMERICA, Plaintiff - Appellee

v.

RAFAEL RIOS MARROQUIN, also known as Tomas Andres Marroquin, Defendant-Appellant

UNITED STATES OF AMERICA, Plaintiff - Appellee

v.

RAFAEL RIOS MARROQUIN, Defendant-Appellant

Nos. 16-40367, 16-40368

United States Court of Appeals, Fifth Circuit

March 1, 2018

         Appeals from the United States District Court for the Southern District of Texas

         ON PETITION FOR REHEARING EN BANC

          Before WIENER, HIGGINSON, and COSTA, Circuit Judges.

          PER CURIAM.

         The Court having been polled at the request of one of its members, and a majority of the judges who are in regular service and not disqualified not having voted in favor (Fed. R. Ap. P. 35 and 5th Cir. R. 35), rehearing en banc is DENIED. In the en banc poll, three judges voted in favor of rehearing (Judges Jones, Smith, and Ho), and twelve judges voted against rehearing (Chief Judge Stewart and Judges Dennis, Clement, Prado, Owen, Elrod, South wick, Haynes, ...

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