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U.S. v. McFARLAND

No. 00-10569.

311 F.3d 376 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. James McFARLAND, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 28, 2002.

Attorney(s) appearing for the Case

Michael R. Dreeben (argued), U.S. Dept. of Justice, Kathleen A. Felton, U.S. Dept. of Justice, Criminal Div., Appellate Section, Washington, DC, Delonia Anita Watson, Fort Worth, TX, for Plaintiff-Appellee.

Stephen U. Baer (argued), Baer & Associates, Dallas, TX, for Defendant-Appellant.

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

PER CURIAM:

By reason of an equally divided en banc court, we affirm the district court's judgment of conviction and sentence.

W. EUGENE DAVIS and BENAVIDES, Circuit Judges, concurring in the affirmance of the judgment:

It is a deep mystery to us why five judges thought it helpful or appropriate to take eight fellow judges to task for failing to explain why they decline to change the established law...

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