UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DERRICK CORNELIUS GAYLE, CLAUDE BERTRAM HESTER, DEFENDANTS-APPELLANTS

11th Cir. | 1991-12-04
No. 90-7500
Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, and BIRCH, Circuit Judges.
948 F.2d 1572 Court of Appeals for the Eleventh Circuit (1991) Positive Treatment
Cited by 2 cases
Opinion of the Court
BY THE COURT:

(Opinion July 30, 1991, 11th Cir., 1991, 936 F. 2d 1234)

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, and BIRCH, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on the application for 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 cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.

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  • United States v. Gayle, 967 F.2d 483 (11th Cir. 1992)
    …und by pre-1981 Fifth Circuit law, reversed the convictions. United States v. Gayle, 936 F. 2d 1234 (11th Cir.1991). A majority of the judges of this court in regular active service voted that this case be reheard _en banc. United States v. Gayle, 948 F. 2d 1572 (11th Cir.1991). On rehearing we affirm the district court and uphold the convictions. We hold that section 912 indictments need not allege an “intent to deceive.” Further, the indictments need not allege separate overt acts beyond the general al…

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