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U.S. v. GONZALES

No. 01-21166.

332 F.3d 825 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique GONZALES, Sr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 29, 2003.

Attorney(s) appearing for the Case

Renata Ann Gowie (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

John Richard Donahue (argued), Law Office of John Donahue, Waco, TX, for Defendant-Appellant.

Before GARWOOD, SMITH and BARKSDALE, Circuit Judges.

PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service not having voted in favor (FED. R. APP. P. 35 and 5TH CIR. R. 35), the petition for rehearing en banc is DENIED.

KING, Chief Judge, and PATRICK E. HIGGINBOTHAM...

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