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U.S. v. JACKSON

No. 09-10850.

636 F.3d 687 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Colin Dalawn JACKSON, also known as Cory, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 22, 2011.

Attorney(s) appearing for the Case

Matthew Joseph Kacsmaryk , Asst. U.S. Atty. (argued), Fort Worth, TX, Vijay Shanker , U.S. Dept. of Justice, Crim. Div., Washington, DC, for U.S.

Kevin Joel Page (argued), Fed. Pub. Def., Dallas, TX, for Jackson.

Before JOLLY, DeMOSS and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The petition for rehearing is GRANTED. We WITHDRAW our previous opinion in this matter, United States v. Jackson, 625 F.3d 875 (5th Cir.2010), and substitute the opinion that follows. Although we arrive at the same result as in our earlier opinion, this opinion reflects substantial changes to clarify and further expound that our evidentiary and constitutional analyses are two separate and...

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