Opinion

United States v. Timothy Lynn Calverley

  • 11 F.3d 505
  • 1993 WL 536871
Court
Court of Appeals for the Fifth Circuit
Filed
Feb 18, 1994
Status
Published
On the bench
Garza, Demoss, Zagel, Politz, King, Garwood, Jolly, Higginbotham, Davis, Jones, Smith, Duhé, Wiener, Barksdale
Cited by
15 cases

Vacated by United States v. Calverley, 37 F.3d 160 (1994)

calling into doubt precedent that was “based solely” on Guideline language that an amendment deleted

How later courts described this case

  • calling into doubt precedent that was “based solely” on Guideline language that an amendment deleted
  • holding that possession of listed chemical with intent to manufacture controlled substance is “controlled substance offense”
  • holding possession of a listed chemical with intent to manufacture to be a con- trolled substance offense under § 4B1.2
  • “[Patterson] does not hold that the district court may not consider the unsworn statements of the prosecutor. Patterson merely holds that such statements, when they are the only evidence supporting the district court’s finding, are inadequate to support that finding.” (citing Patterson, 962 F.2d at 415; Johnson, 823 F.2d at 842)

Written by the judges who cited it.

The opinion

ON SUGGESTION FOR REHEARING EN BANC

Feb. 18, 1994.

Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

BY THE COURT:

A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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