UNITED STATES v. SMITH

No. 95-8120.

112 F.3d 473 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Leon SMITH, III, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 24, 1997.


Attorney(s) appearing for the Case

Mildred Geckler, Federal Defender Program, Atlanta, GA, for Defendant-Appellant.

Richard M. Langway, Office of U.S. Attorney, Northern Dist. of GA, Atlanta, GA, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.


BY THE COURT:

A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

FootNotes


* Senior U.S. Circuit Judge James C. Hill may participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).

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