UNITED STATES v. AGUILAR TORRES (2025)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff—Appellee, v. Elauterio AGUILAR-TORRES, Defendant—Appellant.

No. 23-50866

Decided: February 25, 2025

Before Elrod, Chief Judge, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas and Ramirez, Circuit Judges.

Joseph H. Gay, Jr., Assistant U.S. Attorney, Elizabeth Berenguer, Assistant U.S. Attorney (argued), Laura Elena Durbin, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee. Kristin L. Davidson, Assistant Federal Public Defender (argued), Federal Public Defender's Office, Western District of Texas, San Antonio, TX, Maureen Scott Franco, Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant. Adam K. Mortara (argued), Chicago, IL, for Amicus Curiae Adam K. Mortara.

The en banc court has considered all briefs filed, the oral arguments of counsel, and the record. Pretermitting consideration of the jurisdictional issues presented by amicus, the court GRANTS defendant-appellant's alternative request to withdraw his Motion for Summary Affirmance. This case is returned to the panel for further proceedings.

Per Curiam:

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