No. 20-61007.

51 F.4th 644 (2022)

George R. JARKESY, Jr.; Patriot28, L.L.C., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED October 21, 2022.

Attorney(s) appearing for the Case

S. Michael McColloch , S. Michael McColloch, P.L.L.C., Dallas, TX, Karen L. Cook , Karen Cook, P.L.L.C., Dallas, TX, for Petitioners.

Paul Gerard Alvarez , Attorney, Dominick V. Freda , Assistant General Counsel, U.S. Securities & Exchange Commission, Washington, DC, Daniel J. Aguilar , Amanda Mundell , Joshua Marc Salzman, U.S. Department of Justice, Washington, DC, for Respondent.

Margaret A. Little , New Civil Liberties Alliance, Washington, DC, for Amicus Curiae New Civil Liberties Alliance.

Russell Ryan , King & Spalding, L.L.P., Washington, DC, for Amicus Curiae Cato Institute.

Samuel Wollin Cooper , Paul Hastings L.L.P., Houston, TX, for Amici Curiae Phillip Goldstein, Mark Cuban, Nelson Obus.

Before Davis, Elrod, and Oldham, Circuit Judges.


Treating the petition for rehearing en banc as a petition for panel rehearing (5TH CIR. 35 I.O.P.), the petition for panel rehearing is DENIED. The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor of...

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