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U.S. v. CLARK

No. 90-4399.

917 F.2d 177 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Francis Allan CLARK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 31, 1990.

Attorney(s) appearing for the Case

Ronald J. Rakosky, New Orleans, La., for defendant-appellant.

Tonda L. Curry, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Tyler, Tex., for plaintiff-appellee.

Before JOLLY, HIGGINBOTHAM and JONES, Circuit Judges.

ON PETITION FOR REHEARING

The defendant-appellant and movant for release on bail, Francis Allan Clark, brings before us his petition for rehearing of our September 27, 1990 order, which partially dismissed his appeal for lack of jurisdiction and denied his motion for release pending appeal. For the reasons stated below, we grant Clark's petition and withdraw our previous order dismissing part of his appeal, but, for additional reasons, we deny his motion for release...

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