United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 7, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 03-20305

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARTIN MACIAS-CRUZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-898-ALL --------------------

ON PETITION FOR REHEARING

Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.

IT IS ORDERED that the petition for rehearing is GRANTED, and the panel’s opinion is VACATED. IT IS FURTHER ORDERED that the parties supplement the record with a transcript of Macias’s 1998 deportation hearing.