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Fifth Circuit Court of Appeals Opinions -
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Case Law - save on Lexis / WestLaw. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-20926 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. WESLEY JOSEPH SLANINA, also known as Wesley J. Slanina, Defendant-Appellant. ______________________________________________ Appeal from the United States District Court for the Southern District of Texas, Houston ______________________________________________ ON REMAND FROM SUPREME COURT OF THE UNITED STATES November 27, 2002 Before JOLLY, SMITH and BENAVIDES, Circuit Judges. BY THE COURT: IT IS ORDERED that appellant's motion for summary remand is GRANTED. We view the Supreme Court order of remand to this court as vacating the judgment of this court, not the judgment and conviction of the district court. We remand to the district court, as suggested by both parties, so that the district court may decide in the first instance the impact of Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389 (2002), on the judgment of conviction and sentence. 2 |
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