United States v. Dubin

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED March 12, 2021 No. 19-50912 Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus David Fox Dubin,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 1:17-CR-227-2

ON PETITION FOR REHEARING EN BANC

(Opinion December 4, 2020, 5 Cir., 2020, 982 F.3d 318)

Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges.

Per Curiam:

No. 19-50912

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, 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. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated December 4, 2020 as to David Fox Dubin, is VACATED.