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U.S. v. EVANS

No. 90-8598.

958 F.2d 1285 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward EVANS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1992.

Attorney(s) appearing for the Case

William R. Maynard, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, El Paso, Tex., for defendant-appellant.

Phillip Police, LeRoy Morgan Jahn, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., Joseph W. Galenski, Asst. U.S. Atty., El Paso, Tex., for plaintiff-appellee.

Before WISDOM, HIGGINBOTHAM, and SMITH, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion December 18, 1991, 5th Cir.1991, 950 F.2d 187)

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby DENIED.

The panel reversed the appellant's conviction on count 1 because his argument that insufficient evidence supported that conviction was itself insufficient to justify a reversal of his conviction...

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