U.S. Court of Appeals for the Seventh Circuit, 1990

United States v. Margarita Martinez De Ortiz

United States v. Margarita Martinez De Ortiz
U.S. Court of Appeals for the Seventh Circuit · Decided February 14, 1990 · Bauer, Cummings, Cudahy, Posner, Coffey, Flaum, Easterbrook, Ripple, Manion, Kanne
897 F.2d 220; 1990 U.S. App. LEXIS 3377; 1990 WL 20175 (Federal Reporter, Second Series)

United States v. Margarita Martinez De Ortiz

Opinion

ORDER

The suggestion for rehearing en banc in this case is granted. The judgment entered by the panel is vacated, and the case *221 will be set for oral argument at the convenience of the court.

The parties are invited to file supplementary briefs addressing the question whether § 5.11 of this circuit’s pattern jury instructions, Federal Criminal Jury Instructions of the Seventh Circuit § 5.11 (1980), is consistent with Fed.R.Evid. 104 and Bourjaily v. United States, 483 U.S. 171, 107 S.Ct. 2775, 97 L.Ed.2d 144 (1987). The federal defenders of this circuit also are invited to file briefs addressing this question.

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