U.S. Court of Appeals for the Fifth Circuit, 1990

United States v. Armando Silex

United States v. Armando Silex
U.S. Court of Appeals for the Fifth Circuit · Decided July 18, 1990 · Gee, Davis, Jones
907 F.2d 488; 1990 U.S. App. LEXIS 12265; 1990 WL 99346 (Federal Reporter, Second Series)

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We withdraw our unpublished opinion affirming the enhanced sentence of Silex, based on our Circuit’s formerly controlling *489 authority of United States v. Leonard, 868 F.2d 1393 (5th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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.