UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ARMANDO SILEX, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
ARMANDO SILEX, DEFENDANT-APPELLANT
907 F.2d 488
Court of Appeals for the Fifth Circuit (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
Treating the suggestion for rehearing en banc as a petition for panel rehearing, it is ordered that the petition for panel rehearing is GRANTED.
We withdraw our unpublished opinion affirming the enhanced sentence of Silex, based on our Circuit’s formerly controlling authority of United States v. Leonard, 868 F. 2d 1393 (5th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 2585, 110 L.Ed.2d 266 (1990). Leonard’s reasoning is rejected by the Supreme Court in Taylor v. United States, — U.S. -, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). We therefore VACATE the sentence of Silex and REMAND this cause for proceedings consistent with the opinion in Taylor. It is so
ORDERED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Maines, 920 F.2d 1525 (10th Cir. 1990)
Authorities Cited
- Taylor v. United States, 495 U.S. 575 (U.S. 1990)
- United States v. Leonard, 868 F.2d 1393 (5th Cir. 1989)