 The Fifth Circuit Court of Appeals heard the Army's latest appeal "en banc".The full court ruled 8-to-5 to overturn the district court, and ordered Calley's conviction and sentence reinstated on September 10, 1976.Because Calley had less than 10 days to serve before his possible parole, and because Army Secretary Callaway had expressed his intention to parole Calley as soon as possible, the Army declined to incarcerate Calley for the remaining 10 days of his sentence.