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U.S. v. MARROQUIN

No. 16-40367 consolidated with 16-40368.

884 F.3d 302 (2018)

UNITED STATES of America, Plaintiff-Appellee v. Rafael Rios MARROQUIN, also known as Tomas Andres Marroquin, Defendant-Appellant United States of America, Plaintiff-Appellee v. Rafael Rios Marroquin, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

CORRECTED March 2, 2018.

Attorney(s) appearing for the Case

Paula Camille Offenhauser , Amy Howell Alaniz , Carmen Castillo Mitchell , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Evan Gray Howze , H. Michael Sokolow , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before WIENER, HIGGINSON, and COSTA, Circuit Judges.

The Court having been polled at the request of one of its members, and a majority of the judges who are in regular service and not disqualified not having voted in favor (Fed. R. Ap. P. 35 and 5th Cir. R. 35), rehearing en banc is DENIED. In the en banc poll, three judges voted in favor of rehearing...

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