On June 10, 2009, the en banc United States Court of Appeals for the Fifth Circuit announced that the district court decision in U.S. v. Seale denying dismissal of the defendant’s indictment on limitations grounds would remain in effect, as the Court was evenly split, nine in favor of affirmance and nine in favor of reversal. Dissenting from the order, Judge DeMoss took issue with the order’s use of the term “AFFIRMED,” noting that allowing the district court ruling to stand by rule due to the equal split in the Court should not be accorded the same precedential value as a full affirmance.
A re-cap of the en banc oral argument can be found here; links to the en banc briefing can be found here.
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