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U.S. v. McPHAIL

No. 95-60468.

119 F.3d 326 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Donnie Howard McPHAIL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 1997.

Attorney(s) appearing for the Case

Alfred E. Moreton, III, U.S. Attorney's Office, Oxford, MS, for Plaintiff-Appellee.

Peter Scott Goldberger, Ardmore, PA, Alan Ellis, Sausalito, CA, for Defendants-Appellants.

Before REAVLEY, KING and BARKSDALE, Circuit Judges.

ON REQUEST FOR REHEARING EN BANC

PER CURIAM:

A member of the court in active service having requested a poll on the reconsideration of this cause en banc, and a majority of the judges in active service not having voted in favor, rehearing en banc is DENIED.

JERRY E. SMITH, Circuit Judge, dissenting:

I respectfully dissent from the court's refusal to hear this case en banc. If the panel opinion is to be taken as binding law in this...

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