United States v. Ruben Vargas-Ocampo

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT FILED _____________________ September 26, 2013 No. 11-41363 Lyle W. Cayce _____________________ Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. RUBEN VARGAS-OCAMPO, Defendant - Appellant __________________________ Appeal from the United States District Court for the Southern District of Texas, McAllen __________________________ (Opinion March 14, 2013, 5 Cir., 2013, 711 F.3d 508 ) Before STEWART, Chief Judge, KING, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES and HIGGINSON, Circuit Judges. BY THE COURT: A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court’s own motion, to rehear this case en banc, IT IS ORDERED that this cause shall be reheard by the court en banc without oral argument on a date hereafter to be fixed. Briefing instructions will be provided in the very near future.