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United States Court of Appeals
Fifth Circuit
F I L E D
June 26, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20116
UNITED STATES OF AMERICA
Plaintiff-Appellee
versus
ENRIQUE VARGAS-DURAN
Defendant-Appellant
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Appeal from the United States District Court for the
Southern District of Texas
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ON PETITION FOR REHEARING EN BANC
(Opinion January 16, 2003, 5 Cir., 2003, _____F.3d____)
BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,
SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS,
BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, Circuit
Judges.
BY THE COURT:
A member of the Court in active service having requested
a poll on the petition for rehearing en banc and a majority of
the judges in active service having voted in favor of granting a
rehearing en banc,
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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.
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