United States v. Portillo-Aguirre , 311 F.3d 647 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS March 6, 2003
For the Fifth Circuit Charles R. Fulbruge III
Clerk
No. 01-50476
UNITED STATES OF AMERICA
Plaintiff - Appellee,
versus
REYNALDO PORTILLO-AGUIRRE
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Texas, Pecos Division
ON PETITION FOR REHEARING EN BANC
Opinion 311 F.3d 647(5th Cir. Nov. 1, 2002)
Before REAVLEY, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:
Treating the petition for rehearing en banc as a petition for
panel rehearing, the petition for panel rehearing is DENIED. The
court having been polled at the request of one of the members of
the court and a majority of the judges who are in regular active
service not having voted in favor (FED. R. APP. P. 35 and 5TH CIR. R.
-1-
35), the petition for rehearing en banc is DENIED.
THE MANDATE SHALL ISSUE FORTHWITH.
-2-