United States v. Rafael Marroquin

The Court having been polled at the request of one of its members, and a majority of the judges who are in regular *303 service and not disqualified not having voted in favor ( Fed. R. Ap. P. 35 and 5th Cir. R. 35 ), rehearing en banc is DENIED. In the en banc poll, three judges voted in favor of rehearing (Judges Jones, Smith, and Ho), and twelve judges voted against rehearing (Chief Judge Stewart and Judges Dennis, Clement, Prado, Owen, Elrod, Southwick, Haynes, Graves, Higginson, Costa, and Willett).

Judge Smith, joined by Judges Jones and Ho, dissents from the Court's denial of rehearing en…