United States v. Anthony Kebodeaux ( 2013 )

Case: 08-51185 Document: 00512339655 Page: 1 Date Filed: 08/13/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 13, 2013
No. 08-51185
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTHONY JAMES KEBODEAUX, also known as Anthony Kebodeaux,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before STEWART, Chief Judge, KING, JOLLY, DAVIS, JONES, SMITH,
GARZA, BENAVIDES, DENNIS, CLEMENT, PRADO, OWEN, ELROD,
SOUTHWICK, HAYNES, and GRAVES, Circuit Judges.*
PER CURIAM:
This court reversed the conviction and rendered a judgment of dismissal.
*
Judge Higginson was not a member of the court when this case was submitted to the
court en banc and did not participate in the original en banc decision or in this decision.
Case: 08-51185 Document: 00512339655 Page: 2 Date Filed: 08/13/2013
No. 08-51185
United States v. Kebodeaux, 687 F.3d 232 (5th Cir. 2012) (en banc). The
Supreme Court reversed and remanded. United States v. Kebodeaux, 133 S. Ct.
2496 (2013).
The defendant was convicted after a bench trial based on stipulated facts.
On appeal, he raised only the issue that the Supreme Court has now decided
adversely to him. No further proceedings are required. The judgment of convic-
tion is AFFIRMED.
2