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U.S. v. ROBISON

No. 05-17019.

521 F.3d 1319 (2008)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Charles Barry ROBISON, Defendant, McWane, Inc., Defendant-Appellant, James Delk, Michael Devine, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 27, 2008.

Attorney(s) appearing for the Case

Jack W. Selden, Bradley, Arant, Rose & White, G. Douglas Jones, Watley, Drake & Kallas, LLP, Christopher James Williams, John Alan Truitt, Fournier J. Gale, III, Maynard, Cooper & Gale, P.C., Birmingham, AL, Henry J. DePippo, Nixon Peabody, LLP, Rochester, NY, Kevin McNulty, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, David Debold, Gibson, Dunn & Crutcher, LLP, Washington, DC, for Defendants.

Katherine Hazard, Washington, DC, Joyce White Vance, Asst. U.S. Atty., Birmingham, AL, for U.S.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARRETT, HULL, MARCUS and WILSON, Circuit Judges.

ORDER:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED.

WILSON, Circuit Judge, dissenting from the denial of rehearing en banc, in which BARKETT, Circuit Judge, joins:

The panel in this case vacated...

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