United States v. Pierre

Full title: UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. TERRY JAMES PIERRE AND…

Court: United States Court of Appeals, Fifth Circuit

Date published: Sep 16, 1991

943 F.2d 6 (5th Cir. 1991)

Opinion

No. 90-8273.

September 16, 1991.

Kenneth D. DeHart, Alpine, Tex. (Court-appointed), for Pierre.

Charles Louis Roberts, El Paso, Tex., for Harris.

W.W. Torrey, LeRoy Morgan Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Appeals from the United States District Court for the Western District of Texas; Lucuis D. Bunton, III, Chief Judge.

Before CLARK, Chief Judge, POLITZ, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.^_

_ Judge Alvin B. Rubin was a member of the panel that decided this case but died subsequent thereto on June 11, 1991.

(Opinion May 21, 1991, 5 Cir., 1991, 932 F.2d 377)

BY THE COURT:

A majority of the Judges in active service, on the Court's own motion, having determined to have this case reheard en banc,

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.