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MIXON v. UNITED STATES

No. 79-1497.

616 F.2d 253 (1980)

William Carl MIXON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Rehearing June 30, 1980.

Attorney(s) appearing for the Case

Robin P. Hartmann, Dallas, Tex. (Court-appointed), for plaintiff-appellant.

Arnaldo N. Cavazos, Jr., Asst. U. S. Atty., Dallas, Tex., for defendant-appellee.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.

Opinion on Rehearing June 30, 1980. See 620 F.2d 486.

ON PETITION FOR REHEARING

PER CURIAM:

A majority of the court being of the opinion that the petition for rehearing should be granted as to the Fed.R.Crim.P. Rule 11 issue, and inasmuch as the practice of this court forbids a divided vote in cases disposed of on its summary calendar, Fed.R.App.P. 34(a), 5th Cir. R. 18, this case shall be set down for oral argument...

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