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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 99-40454

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CORNELIUS DEWITTE LOE, JR., also known as C.D. LOE;
BABO BEAZLEY LOE; LOE'S HIGHPORT, INC.,
Defendants - Appellants.

Consolidated with
Case No. 99-40495
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LOE'S HIGHPORT, INC.; BABO BEAZLEY LOE,
Defendants - Appellants.

Consolidated with
Case No. 99-41470
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BABO BEAZLEY LOE; LOE'S HIGHPORT, INC.,
Defendants - Appellants.
Consolidated with
Case No. 00-40690
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BABO BEAZLEY LOE; LOE'S HIGHPORT, INC.,
Defendants - Appellants.

Appeals from the United States District Court
for the Eastern District of Texas

June 21, 2001
ON PETITIONS FOR REHEARING AND REHEARING EN BANC
(Opinion April 17, 2001, 5th Cir., F.3d )
Before HIGGINBOTHAM and DeMOSS, Circuit Judges, and FISH,* District
Judge.
PER CURIAM:
In a footnote, the panel opinion states that "[n]either party
appeals its money laundering convictions under counts 25, 29, 30,
and 31." United States v. Loe, 248 F.3d 449, 467 n.80 (5th Cir.
2001). The opinion should have indicated that neither party
challenges its conviction under these counts on the grounds
discussed in that section of the opinion, that the evidence was
insufficient to establish that at least $10,000 of the "traced"
funds was fraudulently obtained. As the opinion recognizes in the
same footnote, Babo Loe raised a more general sufficiency
challenge to Count 25, which the opinion rejected. Both Loe's
Highport, Inc. and Babo Loe also appealed their convictions on
counts 25, 29, 30, and 31 on a distinct rationale, arguing that the
indictment allowed for a non-unanimous jury verdict. This Court was
unpersuaded by Appellants' contention and affirmed the convictions
on these counts.
* District Judge of the Northern District of Texas, sitting by
designation.

With the clarification of this order, the Petitions for Panel
Rehearing are DENIED. No member of this panel nor judge in regular
active service on the court having requested that the court be
polled on Rehearing En Banc (Fed. R. App. and 5th Cir. R. 35), the
Petitions for Rehearing En Banc filed by Appellants Loe's Highport,
Inc. and Cornelius Dewitte Loe, Jr. and Appellee are also DENIED.