United States v. Armando Silex

U.S. Court of Appeals for the Fifth Circuit
United States v. Armando Silex, 907 F.2d 488 (5th Cir. 1990)
1990 U.S. App. LEXIS 12265; 1990 WL 99346

United States v. Armando Silex

Opinion

ON SUGGESTION FOR REHEARING EN BANC

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We withdraw our unpublished opinion affirming the enhanced sentence of Silex, based on our Circuit’s formerly controlling *489 authority of United States v. Leonard, 868 F.2d 1393 (5th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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Armando SILEX, Defendant-Appellant
Cited By
1 case
Status
Published