U.S. v. BROADNAX

No. 08-10494.

601 F.3d 336 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Corey BROADNAX, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 19, 2010.


Attorney(s) appearing for the Case

Nancy E. Larson, Asst. U.S. Atty. (argued), Fort Worth, TX, for U.S.

Robert Clary (argued) (Court-Appointed), Owens, Clary & Aiken, L.L.P., Dallas, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and GARZA and STEWART, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

No member of the panel nor judge in regular active service of the court having requested that the court be polled on Rehearing En Banc (FED. R.APP. P. and 5TH CIR. R. 35), the Petition for Rehearing En Banc is DENIED. We also deny Panel Rehearing but withdraw our prior opinion, issued on January 26, 2010, and substitute the following.

Corey Broadnax appeals his conviction for being...

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