U.S. v. FORD

No. 06-20142.

509 F.3d 714 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jason Jermaine FORD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 11, 2007.


Attorney(s) appearing for the Case

Mitchel Neurock (argued), James Lee Turner, John Richard Berry, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Michael L. Herman, Samy K. Khalil (argued), Houston, TX, for Ford.

Before DAVIS, DENNIS and PRADO, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In response to the Petition for Rehearing filed by the government, we withdraw the prior panel opinion in its entirety and substitute the following:

The question before this court is whether a charge and conviction for "possession with an intent to deliver" a controlled substance under section 481.112(a) of the Texas Health and Safety Code can be used as a basis for a sentence enhancement...

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