From the Free The Five listserv (it’s not their home page yet)
Atlanta Court acccepts the US Government’s appeals
Yesterday, October 31, 2005, the Court of Appeals for the Eleventh Circuit accepted to consider the US Government’s appeals against the decision, unanimously taken by a panel of judges of the same Circuit on August 9, 2005, which revoked all the convictions of the Cuban Five and remand for a new trial.
The Court approved by a majority vote the rehearing of this case en banc (the all 12 judges in active service).
In other words, the decision by a three judge panel of the same court ordering a new trial has been voided.
More as I know more.
Update: From the Miami Herald
Appellate court reinstates convictions of the Cuban Five
An appellate court has reinstated the convictions of five accused Cuban spies, who were found guilty in a 2001 Miami federal trial.
The 11th U.S. Circuit Court of Appeals late Monday vacated the August appellate ruling by a three-judge panel in that court that had overturned those convictions.
That means the appeal process starts all over again. This time, a majority of the 12-member appellate court has agreed to rehear the so-called Cuban Five’s appeal, which leaves the case in limbo for months.