James L. Coody v. United States

BY THE COURT:

This case having been considered on briefs by the court en banc pursuant to the order entered on June 19,1978, 576 F.2d 106 (5 Cir. 1978), it is ORDERED that the en banc Court convened to consider this case is hereby DISSOLVED and the cause is remanded to the panel.

Before THORNBERRY, RONEY and RUBIN, Circuit Judges.

We have reconsidered our decision in light of the court’s en banc opinion in Keel v. United States, 5 Cir. 1978, 585 F.2d 110, 113. Although plaintiff established that the trial court failed to comply literally with the requirements of Rule 11, no prejudice resulted…