U.S. v. RODRIGUEZ

No. 12-14629.

753 F.3d 1206 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Ponce RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 5, 2014.


Attorney(s) appearing for the Case

Adam Seth Fels , Carol Herman , Robert J. Brady, Jr. , Wifredo A. Ferrer , Kathleen Mary Salyer , Anne Ruth Schultz , Arimentha R. Walkins , U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellee.

Richard Carroll Klugh, Jr. , Law Offices of Richard C. Klugh, Miami, FL, Richard J. Diaz , Law Offices Of Richard J. Diaz, PA, Coral Gables, FL, for Defendant-Appellant.

Before ANDERSON, Circuit Judge, and MOODY and SCHLESINGER, District Judges.


PER CURIAM:

The petition for panel rehearing filed by appellant is DENIED. However, one issue, raised by appellant for the first time in his petition for rehearing, warrants brief discussion. Although our panel opinion was not published, this new issue warrants publication.

On December 30, 2013, the Chief Judge of this Circuit entered General Order No. 41, declaring, pursuant to 28 U.S.C. § 46(b), that an "emergency exists during which the hearing and...

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