Background
Peter Villa Cordova appealed from a criminal case in the U.S. District Court for the Western District of Texas. A Fifth Circuit panel issued an opinion on May 20, 2026, reported at 175 F.4th 381.
A petition for rehearing en banc followed. After a member of the Fifth Circuit requested a poll, a majority of the active, non-disqualified circuit judges voted to rehear the case en banc.
The Court’s Holding
The Fifth Circuit granted rehearing en banc. It ordered that the full court rehear the case 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 decide the merits of Cordova’s appeal.
Key Takeaways
- The Fifth Circuit will rehear Cordova’s appeal en banc.
- The court vacated the prior panel opinion, so that opinion no longer represents the court’s operative disposition.
- Oral argument and supplemental briefing will occur on schedules to be announced.
Why It Matters
The en banc court will reconsider the appeal without the panel opinion remaining in effect. Any controlling resolution of the issues presented must await the en banc court’s later decision.