Summary
This document is an order from the United States Court of Appeals for the Fifth Circuit denying rehearing en banc in the criminal appeal of United States v. Bell. The per curiam opinion states that after an internal poll, a majority of active judges voted against granting the rehearing. In a concurring opinion, Judge James C. Ho commends the court's practice of initiating sua sponte en banc polls, arguing that such judicial review mechanisms exist to further the rule of law regardless of whether the parties request them.
Topics
Practice areas
Questions Presented
- Whether the Fifth Circuit should rehear the case en banc.
Holdings
- The court denied rehearing en banc.
Key quotations
“Our court’s internal operating procedures expressly permit rehearing en banc “whether or not a party filed a petition.” 5th Cir. R. 40 I.O.P.” (at 1)
“Judges may call for en banc sua sponte, not because the parties ask for it, but to further the rule of law.” (at 2)
Factual background
The United States appealed a criminal conviction of Eddie Lamont Bell. The appellant sought rehearing en banc of the Fifth Circuit panel's decision.
Procedural history
The Fifth Circuit panel considered a petition for rehearing en banc from the United States District Court for the Western District of Texas and denied it.