United States v. Thomas

ON PETITION FOR REHEARING

Before WIENER, EMILIO M. GARZA, Circuit Judges, and LITTLE,* District Judge. EMILIO M. GARZA, Circuit Judge:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby GRANTED. We hereby WITHDRAW our prior opinion and substitute the following:

Defendants Ellis Ray Thomas (“Thomas”), Jerry Thomas Maxwell (“Maxwell”), Steven Darrel Gregg (“Gregg”), Modesto Serna Sanchez, Jr. (“Sanchez”), and Roy Lee Hodgkiss (“Hodgkiss”) were jointly tried before a jury and convicted of various offenses stemming from a conspiracy…