UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DAVID W. SVETE, RON GIRARDOT, DEFENDANTS-APPELLANTS

11th Cir. | 2008-07-01
No. 05-13809
Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.
532 F.3d 1133 Court of Appeals for the Eleventh Circuit (2008) Negative Treatment
Cited by 4 cases

Opinion of the Court

BY THE COURT: A member of this Court in active service having requested a poll on the suggestions of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.


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Cited By

  • United States v. Svete, 556 F.3d 1157 (11th Cir. 2009)
    …urt held that the district court erred based on our precedent in United States v. Brown, 79 F. 3d 1550 (11th Cir.1996), and ordered a new trial as to the counts of mail fraud. United States v. Svete, 521 F. 3d 1302, 1310-11 (11th Cir.2008), vacated, 532 F. 3d 1133 (11th Cir.2008). We granted rehearing en banc to determine whether to overrule our decision in Brown. Because Brown is inconsistent with both the plain language of the mail fraud statute and precedents of the Supreme Court, we overrule Brown and h…
  • United States v. Svete, 565 F.3d 1363 (11th Cir. 2009)
    …PER CURIAM: Upon the majority vote of the judges in this court in active service, on July 1, 2008, this court vacated this panel’s prior opinion and granted rehearing en banc. See 532 F. 3d 1133 (11th Cir.2008) (en banc); 521 F. 3d 1302 (11th Cir.2008), vacated and reh’g en banc granted, 532 F. 3d 1133. En banc, this court decided the question of whether the crime of mail fraud, which prohibits “any scheme or artifice to defraud” by use of…
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