Bean v. USA, et al

1Former Chief Judge Henry Politz, who authored the panel opinion
of this Court which was taken up on Writ of Certiorari to the
Supreme Court, passed away while this appeal was pending in the
Supreme Court. Therefore this Order is entered by a quorum of the
original panel on remand to this Court.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 00-40304
THOMAS LAMAR BEAN,
Petitioner-Appellee,
VERSUS
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS;
UNITED STATES OF AMERICA,
Respondents-Appellants.
Appeal from the United States District Court
for the Eastern District of Texas
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
February 19, 2003
Before DeMOSS and STEWART, Circuit Judges.1
PER CURIAM:
On Writ of Certiorari to the United States Court of Appeals
for the Fifth Circuit, the United States Supreme Court by an
Opinion entered December 10, 2002, in appeal No. 01-704, 537 U.S.
_____ held that the federal district court did not have authority

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under 18 U.S.C. §925(c) to grant any relief in favor of Respondent,
Bean; and therefore reversed the decision of this Court which had
affirmed the action of the district court. Accordingly, we vacate
the prior decision of this Court (253 F.3d 234) and remand this
appeal to the district court for entry of an order dismissing
Bean’s claims for lack of jurisdiction.

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