United States Court of Appeals
             for the Fifth Circuit
                              ___________                      United States Court of Appeals
                                                                        Fifth Circuit


                               No. 23-50866
                                                                      FILED
                                                               October 28, 2024
                              ___________
                                                                 Lyle W. Cayce
United States of America,                                             Clerk


                                                         Plaintiff—Appellee,

                                   versus

Elauterio Aguilar-Torres,

                                         Defendant—Appellant.
                ______________________________

                Appeal from the United States District Court
                     for the Western District of Texas
                         USDC No. 4:23-CR-272-1
                ______________________________

          ON PETITION FOR REHEARING EN BANC

       (Opinion September 9, 2024, 5 Cir., 2024, 

)

Before Elrod, Chief Judge, and Jones, Smith, Stewart,
Richman, Southwick, Haynes, Graves, Higginson,
Willett, Ho, Duncan, Engelhardt, Oldham, Wilson,
Douglas, and Ramirez, Circuit Judges.
Per Curiam:
       A majority of the circuit judges in regular active service and not
disqualified having voted in favor, on the Court’s own motion, to rehear this
case en banc,
                                 No. 23-50866




       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. Pursuant to
5th Circuit Rule 41.3, the panel opinion in this case dated September 9, 2024,
is VACATED.




                                      2