United States v. Marroquin, 030118 FED5, 16-40367
|Docket Nº:||16-40367, 16-40368|
|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|
|Judge Panel:||Before WIENER, HIGGINSON, and COSTA, Circuit Judges. Judge Smith, joined by Judges Jones and Ho, dissents GREGG COSTA, United States Circuit Judge|
|Case Date:||March 01, 2018|
|Court:||United States Courts of Appeals, Court of Appeals for the Fifth Circuit|
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.
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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