UNITED STATES OF AMERICA, Plaintiff—Appellee, v. ANDRES VARGAS, Defendant—Appellant.
No. 21-20140
United States Court of Appeals for the Fifth Circuit
August 24, 2022
ON PETITION FOR REHEARING EN BANC August 24, 2022
35 F.4th 936
Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:20-CR-80-1
(Opinion May 31, 2022, 5 CIR., 2022, 35 F.4th 936)
Before RICHMAN, Chief Judge, and JONES, SMITH, STEWART, DENNIS, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, ENGELHARDT, OLDHAM, and WILSON, Circuit Judges.
A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,
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 May 31, 2022, is VACATED.