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U.S. v. SEALE

No. 07-60732.

570 F.3d 650 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James Ford SEALE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 5, 2009.

Attorney(s) appearing for the Case

Tovah R. Calderon (argued) and Jessica Dunsay Silver, U.S. Dept. of Justice, Civ. Rights Div.-Appellate Section, Washington, DC, for Plaintiff-Appellee.

Kathryn Neal Nester (argued) and George Lowrey Lucas, Jackson, MS, for Defendant-Appellant.

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

PER CURIAM:

By reason of an equally divided en banc court, the decision of the district court on the sole issue of its denying dismissal of the indictment because of the running of the statute of limitations is AFFIRMED.

The appeal is RETURNED to the panel for decision of the other issues raised on appeal.

DeMOSS, Circuit Judge, dissenting:

For the reasons stated in the unanimous panel opinion previously...

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