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U.S. v. HEATH

No. 91-1112.

978 F.2d 879 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Simon Edward HEATH and Paul Sau-Ki Cheng, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 19, 1992.

Attorney(s) appearing for the Case

Charles W. Blau, Denise M. Dumon, Johnson & Gibbs, Dallas, Tex., for Heath.

Abbe David Lowell, Susan B. Smith, Brand & Lowell, Washington, D.C., for Cheng.

Sara Criscitelli, Dept. of Justice, Washington, D.C., for U.S.

Before HIGGINBOTHAM and DUHÉ, Circuit Judges, and HUNTER, District Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion Aug. 20, 1992, 5 Cir., 1992, 970 F.2d 1397)

DUHÉ, Circuit Judge:

Sua sponte we enter this supplemental order on Defendants-Appellants' argument that the trial court constructively amended the indictment. Defendants contend that the decision of this panel is in conflict with United States v. Salinas, 601 F.2d 1279...

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