United States v. Yates, No. 02-13654.
| Decision Date | 30 March 2005 |
| Docket Number | No. 02-13654. |
| Citation | 404 F.3d 1291 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Anita YATES, Anton F. Pusztai, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Richard F. Matthews, Jr., Ronald W. Wise, The Law Office of Ronald W. Wise, Timothy C. Halstrom (Court-Appointed), Montgomery, AL, for Defendants-Appellants.
Michael A. Rotker, U.S. Dept. of Justice, Crim. Div., Linda I. Marks, U.S. Dept. of Justice, Office of Consumer Lit., Washington, DC, Tommie Brown Hardwick, Montgomery, AL, for Plaintiff-Appellee.
On Appeal from the United States District Court for the Middle District of Alabama (No. 00-00109-CR-N-2); Anthony A. Alaimo, Judge.
(Opinion Nov. 24, 2004, 391 F.3d 1182, 11th Cir.2004)
Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges*.
A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
* Senior United States Circuit Judge Emmett R. Cox has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
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U.S. v. Yates
...the panel opinion and granted the petition for rehearing en banc to consider this important constitutional question. United States v. Yates, 404 F.3d 1291 (11th Cir. 2005). II. ISSUES ON APPEAL AND STANDARD OF We discuss only two of the issues Pusztai and Yates present on appeal.3 First, De......
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