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U.S. v. VARGAS-OCAMPO

No. 11-41363.

747 F.3d 299 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Ruben VARGAS-OCAMPO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 26, 2014.

Attorney(s) appearing for the Case

James Lee Turner, Assistant U.S. Attorney, Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Molly Estelle Odom, Esq., Assistant Federal Public, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

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

EDITH H. JONES, Circuit Judge, joined by STEWART, Chief Judge, and JOLLY, DAVIS, SMITH, CLEMENT, OWEN, SOUTHWICK and HIGGINSON, Circuit Judges:

The court voted to rehear this case en banc on the question whether, when examining the sufficiency of evidence supporting a criminal conviction, this court should no longer refer to the "equipoise rule."1 According to appellant, the "equipoise rule" states...

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