Case: 23-50866          Document: 114-1           Page: 1     Date Filed: 02/25/2025




          United States Court of Appeals
               for the Fifth Circuit                                              United States Court of Appeals
                                                                                           Fifth Circuit
                                  ____________
                                                                                         FILED
                                                                              February 25, 2025
                                   No. 23-50866
                                  ____________                                      Lyle W. Cayce
                                                                                         Clerk
United States of America,

                                                                   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
                  ______________________________

Before Elrod, Chief Judge, Jones, Smith, Stewart, Richman,
Southwick, Haynes, Graves, Higginson, Willett, Ho,
Duncan, Engelhardt, Oldham, Wilson, Douglas and
Ramirez, Circuit Judges.
Per Curiam:*
      The en banc court has considered all briefs filed, the oral arguments
of counsel, and the record. Pretermitting consideration of the jurisdictional
issues presented by amicus, the court GRANTS defendant-appellant’s


      _____________________
      *
          This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-50866       Document: 114-1      Page: 2        Date Filed: 02/25/2025




                                 No. 23-50866


alternative request to withdraw his Motion for Summary Affirmance. This
case is returned to the panel for further proceedings.




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