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U.S. v. BAPTISTE

No. 99-31027.

309 F.3d 274 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford BAPTISTE, Christopher Frank, LeShawn Parker, Garion McCoy, Brian Anthony Jones, Percy Franklin and Rico Schexnayder, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 2, 2002.

Attorney(s) appearing for the Case

Robert J. Boitmann (argued) and Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for Plaintiff-Appellee.

Dane S. Ciolino (argued), Loyola University School of Law, New Orleans, LA, for Baptiste.

Before KING, Chief Judge, and REAVLEY and JONES, Circuit Judges.

ON PETITION FOR REHEARING

BY THE COURT:

The panel issued an opinion in this case in August 2001. United States v. Baptiste, et al., 264 F.3d 578 (5th Cir.2001). Under Fifth Circuit precedent at the time, we were required to vacate the defendants' life sentences and remand the case for resentencing because drug quantity had not been included in the indictment. The United States filed a petition for rehearing and requested...

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