Reported / Citable
Background
Peter Villa Cordova appealed from a criminal case in the U.S. District Court for the Western District of Texas. A three-judge Fifth Circuit panel issued an opinion on May 20, 2026, reported at 175 F.4th 381.
A member of the Fifth Circuit requested a poll on the petition for rehearing en banc. A majority of the circuit judges in regular active service who were not disqualified voted in favor of rehearing the case before the en banc court.
The Court’s Holding
The Fifth Circuit granted rehearing en banc. The court ordered that the case be reheard with oral argument on a date to be set later and directed the clerk to establish a supplemental-briefing schedule.
Under Fifth Circuit Rule 41.3, the court vacated the May 20, 2026 panel opinion. The order did not resolve the merits of Cordova’s appeal.
Key Takeaways
- The full Fifth Circuit will rehear Cordova’s appeal en banc.
- The May 20, 2026 panel opinion has been vacated.
- Oral argument and supplemental briefing will proceed under schedules to be announced.
Why It Matters
The vacated panel opinion no longer represents the Fifth Circuit’s operative resolution of the appeal. The en banc court will reconsider the case after supplemental briefing and oral argument.