Summary
finding that a guilty plea and a waiver of appeal rights did not bar petitioner from assrting an Apprendi challenge on direct appeal
Summary of this case from U.S. v. BootheOpinion
Nos. 00-50405, 00-50406.
August 15, 2001.
Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood, Angela S. Raba, Angela J. Moore, San Antonio, TX, for U.S.
Henry Joseph Bemporad, San Antonio, TX, for Longoria.
John Aloysius Convery, Hasdorff Convery, San Antonio, TX, for Gonzalez.
Appeals from the United States District Court for the Western District of Texas; William Wayne Justice, Judge.
(Opinions July 19, 2001, 5 Cir., 2001, 259 F.3d 363)
Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.
BY THE COURT:
A majority of judges in active service having determined, on the Court's own motion, to rehear these cases en banc,
IT IS ORDERED that these cases shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed.