United States Court of Appeals Fifth Circuit F I L E D June 2, 2003 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk __________________________ No. 01-41019 __________________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE VEGA III, Defendant-Appellant.

___________________________________________________ Appeal from the United States District Court for the Southern District of Texas ___________________________________________________ On Petition for Rehearing Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

BY THE COURT: IT IS ORDERED that this court, on its own motion, hereby grants panel rehearing of the decision heretofore filed on March 17, 2003; and IT IS FURTHER ORDERED that said opinion, published as United States v. Vega, 324 F.3d 798 (5th Cir. 2003), is hereby withdrawn; and IT IS FURTHER ORDERED that, in replacement of the aforesaid withdrawn decision, the attached substitute opinion be filed forthwith.