     Case: 11-41363   Document: 00512394729     Page: 1   Date Filed: 09/26/2013




        IN THE UNITED STATES COURT OF APPEALS

                      FOR THE FIFTH CIRCUIT
                            _____________________

                                No. 11-41363
                            _____________________

UNITED STATES OF AMERICA,
         Plaintiff - Appellee

v.

RUBEN VARGAS-OCAMPO,
        Defendant - Appellant

                         __________________________

             Appeal from the United States District Court for the
                     Southern District of Texas, McAllen
                        __________________________

             (Opinion March 14, 2013, 5 Cir., 2013, 711 F.3d 508)

Before STEWART, Chief Judge, KING, JOLLY, DAVIS, JONES, SMITH,
DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES,
GRAVES and HIGGINSON, Circuit Judges.

BY THE COURT:

      A majority of the circuit judges in regular active service and not
disqualified having voted in favor to rehear this case en banc,
      IT IS ORDERED that this cause shall be reheard by the court en banc
without oral argument on a date hereafter to be fixed. Briefing instructions
will be provided in the very near future.
