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U.S. v. TANKSLEY

No. 15-11078 Conference Calendar.

854 F.3d 284 (2017)

UNITED STATES of America, Plaintiff-Appellee v. Dantana TANKSLEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 2017.

Attorney(s) appearing for the Case

Brian W. McKay, Esq. , James Wesley Hendrix , Assistant U.S. Attorneys, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Jessica Graf , Jason Douglas Hawkins , Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, Taylor Wills Edwards Brown , Christopher Allen Curtis , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Fort Worth, TX, for Defendant-Appellant.

Before REAVLEY, ELROD, and GRAVES, Circuit Judges.

The government has filed a petition for en banc rehearing. The en banc petition remains pending. This court supplements its opinion entered on petition for panel rehearing to reaffirm that, under Texas law, section 481.112(a) of the Texas Health and Safety Code is indivisible and "establishes alternative means of punishing...

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