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U.S. v. PARKER

No. 94-10557.

104 F.3d 72 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Charles PARKER, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 14, 1997.

Attorney(s) appearing for the Case

Kathleen A. Felton, Department of Justice, Washington, D.C., Frank D. Able, Assistant U.S. Attorney, Office of the United States Attorney, Dallas, TX, for plaintiff-appellee.

Peter Michael Fleury, Federal Public Defender's Office, Fort Worth, TX, for defendant-appellant.

Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

We granted rehearing en banc to consider whether the district court correctly instructed the Appellant Charles Parker, Jr.'s ("Parker") jury on the elements of a Hobbs Act offense, 18 U.S.C. § 1951, and whether, if the instruction was erroneous, the error was subject to a harmless error analysis.

The panel opinion on petition for rehearing, relying on United States v...

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