United States v. Vega , 332 F.3d 849 ( 2003 )


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  •                                                               United States Court of Appeals
    Fifth Circuit
    F I L E D
    June 2, 2003
    IN THE UNITED STATES COURT OF APPEALS
    Charles R. Fulbruge III
    FOR THE FIFTH CIRCUIT                         Clerk
    __________________________
    No. 01-41019
    __________________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JOSE VEGA III,
    Defendant-Appellant.
    ___________________________________________________
    Appeal from the United States District Court
    for the Southern District of Texas
    ___________________________________________________
    On Petition for Rehearing
    Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
    BY THE COURT:
    IT IS ORDERED that this court, on its own motion, hereby
    grants panel rehearing of the decision heretofore filed on March
    17, 2003; and
    IT IS FURTHER ORDERED that said opinion, published as United
    States v. Vega, 
    324 F.3d 798
     (5th Cir. 2003), is hereby withdrawn;
    and
    IT IS FURTHER ORDERED that, in replacement of the aforesaid
    withdrawn   decision,    the   attached    substitute    opinion   be    filed
    forthwith.
    2