Case: 11-41363 Document: 00512394729 Page: 1 Date Filed: 09/26/2013

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _____________________

No. 11-41363 _____________________

UNITED STATES OF AMERICA, Plaintiff - Appellee

v.

RUBEN VARGAS-OCAMPO, Defendant - Appellant

__________________________

Appeal from the United States District Court for the Southern District of Texas, McAllen __________________________

(Opinion March 14, 2013, 5 Cir., 2013,

)

Before STEWART, Chief Judge, KING, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES and HIGGINSON, Circuit Judges.

BY THE COURT:

A majority of the circuit judges in regular active service and not disqualified having voted in favor to rehear this case en banc, IT IS ORDERED that this cause shall be reheard by the court en banc without oral argument on a date hereafter to be fixed. Briefing instructions will be provided in the very near future.