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UNITED STATES v. CASTRO

No. 92-2909.

38 F.3d 759 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin CASTRO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 10, 1994.

Attorney(s) appearing for the Case

Arturo Hernandez-Melendez, San Jose, CA, for appellant.

Jeffrey A. Babcock, Paula C. Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, TX, for appellee.

Before HIGGINBOTHAM and WIENER, Circuit Judges, and KAUFMAN, District Judge.

ON PETITION FOR REHEARING

(Opinion July 11, 1994, 5th Cir., 1994, 26 F.3d 557)

FRANK A. KAUFMAN, District Judge:

The petition for panel rehearing filed by the government on August 24, 1994, is hereby denied. As indicated at 26 F.3d 557, 559 n. 5, this Court has determined that the cause and prejudice requirement is applicable to coram nobis. Insofar as the government's requests...

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