IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 05-41461

UNITED STATES OF AMERICA Plaintiff-Appellee vs.

JORGE GOMEZ-GOMEZ Defendant-Appellant

- - - - - Appeal from the United States District Court for the Southern District of Texas - - - - -

ON PETITION FOR REHEARING EN BANC (Opinion July 20, 2007, 5 Cir., 2007, _____F.3d____)

(February 11, 2008)

BEFORE: JONES, Chief Judge, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD and SOUTHWICK, Circuit Judges.1 BY THE COURT: A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc, 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.

Judge King did not participate in the en banc vote.