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