The full U.S. Court of Appeals for the Second Circuit has decided, by a close vote, not to rehear a decision throwing out a Hobbs Act robbery conviction because the defendant was high on Xanax when he incriminated himself in statements to police.

By a 7-6 vote, the circuit denied rehearing en banc Friday United States v. Taylor, 11-201—a case that prompted Judge Jose Cabranes to explain why the Second Circuit holds the fewest en banc rehearings of the nation’s circuits.