                                                              United States Court of Appeals
                                                                       Fifth Circuit
                                                                    F I L E D
                                                                      June 2, 2003
                 IN THE UNITED STATES COURT OF APPEALS
                                                                Charles R. Fulbruge III
                          FOR THE FIFTH CIRCUIT                         Clerk

                      __________________________

                             No. 01-41019
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UNITED STATES OF AMERICA,
                                                        Plaintiff-Appellee,

                                  versus

JOSE VEGA III,
                                                    Defendant-Appellant.


        ___________________________________________________

            Appeal from the United States District Court
                 for the Southern District of Texas

        ___________________________________________________

                        On Petition for Rehearing

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

BY THE COURT:

      IT IS ORDERED that this court, on its own motion, hereby

grants panel rehearing of the decision heretofore filed on March

17, 2003; and

      IT IS FURTHER ORDERED that said opinion, published as United

States v. Vega, 324 F.3d 798 (5th Cir. 2003), is hereby withdrawn;

and

      IT IS FURTHER ORDERED that, in replacement of the aforesaid

withdrawn   decision,    the   attached    substitute    opinion   be    filed
forthwith.




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