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United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff—Appellant, v. Samuel Tanel CRITTENDEN, Defendant—Appellee.

No. 18-50635

Decided: March 02, 2022

Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges. Joseph H. Gay, Jr., Elizabeth Berenguer, Assistant U.S. Attorneys, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff—Appellant. Mary Stillinger, Esq., Law Office of Mary Stillinger, El Paso, TX, for Defendant—Appellee.

A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court's own motion, to rehear this case en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated February 8, 2022, is VACATED.

Per Curiam:

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