United States v. Armando Silex

ON SUGGESTION FOR REHEARING EN BANC PER CURIAM: Treating the suggestion for rehearing en banc as a petition for panel rehearing, it is ordered that the petition for panel rehearing is GRANTED. We withdraw our unpublished opinion affirming the enhanced sentence of Silex, based on our Circuit’s formerly controlling *489 authority of United States v. Leonard, 868 F.2d 1393 (5th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 2585, 110 L.Ed.2d 266 (1990). Leonard’s reasoning is rejected by the Supreme Court in Taylor v. United States, — U.S. -, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). We therefore VACATE the sentence of Silex and REMAND this cause for proceedings consistent with the opinion in Taylor. It is so ORDERED.