429 F.3d 1011 United States Court of
Appeals, Eleventh Circuit. UNITED STATES of
America, Plaintiff-Appellee, v. Ruben CAMPA, a.k.a.
John Doe 3, a.k.a. Vicky, a.k.a. Camilo, a.k.a. Oscar, Rene Gonzalez, a.k.a.
Iselin, a.k.a. Castor, Gerardo Hernandez, a.k.a. Giro, a.k.a. Manuel
Viramontez, a.k.a. John Doe 1, a.k.a. Manuel Viramontes, Luis Medina, a.k.a.
Oso, a.k.a. Johnny, a.k.a. Allan, a.k.a. John Doe 2, Antonio Guerrero, a.k.a.
Rolando Gonzalez-Diaz, a.k.a. Lorient, Defendants-Appellants. United States of
America, Plaintiff-Appellee, v. Gerardo Hernandez,
a.k.a. Giro, a.k.a. Manuel Viramontez, a.k.a. John Doe 1, a.k.a. Manuel
Viramontes, Luis Medina, a.k.a. Oso, a.k.a. Johnny, a.k.a. Allan, a.k.a. John
Doe 2, Rene Gonzalez, a.k.a. Iselin, a.k.a. Castor, Antonio Guerrero, a.k.a.
Rolando Gonzalez-Diaz, a.k.a. Lorient, Ruben Campa, a.k.a. John Doe 3, a.k.a.
Vicky, a.k.a. Camilo, a.k.a. Oscar, Defendants-Appellants. Nos. 01-17176,
03-11087. Oct. 31, 2005. COUNSEL: Joaquin Mendez, Jr. (Fed. Pub. Def.), Joaquin
Mendez, P.A., Philip Robert Howowitz (Court-Appointed), Law Office of Philip R.
Horowitz, Paul A. McKenna (Court-Appointed), McKenna & Obront, William M.
Norris (Court-Appointed), William M. Norris, P.A., Kathleen M. Williams (Fed.
Pub. Def.), Jack R. Blumenfeld (Court-Appointed), Richard C. Klugh, Jr. (Fed.
Pub. Def.), Miami, FL, Leonard I. Weinglas, New York City, for Appellants. Anne R. Schultz, David Marc Buckner, Caroline Heck Miller, U.S.
Atty., Miami, FL, for U.S. Erik Luna, University of Utah College of Law, Salt Lake City, UT,
for Amicus Curiae Sociedad Cubana de Ciencias Penales. Carl Peter Erlinder, William Mitchell College of Law, St. Paul,
MN, for Amicus Curiae Nat. Lawyers Guild. Appeals from the United States District Court for the Southern
District of Florida (No. 98-00721-CR-JAL); Joan A. Lenard, Judge. (Opinion Aug. 9, 2005,
419 F.3d 1219, 11th
Cir.2005) [*1012] JUDGES: EDMONDSON, Chief Judge, and TJOFLAT,
ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and
PRYOR, Circuit Judges [FN*]. FN* Senior U.S. Circuit Judge Phyllis A.
Kravitch may elect to participate in further proceedings in these matters
pursuant to 28 U.S.C. § 46(c). BY THE COURT: A member of this Court in active service having requested a poll
on the suggestion of rehearing en banc and a majority of the judges in this
Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above causes shall be reheard by this court
en banc. The previous panel's opinion is hereby VACATED. |