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U.S. v. SMITH

No. 12-14842.

772 F.3d 680 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Flornoy SMITH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 24, 2014.

Attorney(s) appearing for the Case

Wifredo A. Ferrer , Lisa Tobin Rubio , Kathleen Mary Salyer , Seth Michael Schlessinger , Anne Ruth Schultz , U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellee.

Samuel J. Randall , Kenny Nachwalter , Pa, Paul Michael Rashkind , Michael Caruso , Federal Public Defender, Federal Public Defender's Office, Miami, FL, for Defendant-Appellant.

Before ED CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JULIE CARNES, and JILL PRYOR, Circuit Judges.

ORDER ON REHEARING EN BANC

BY THE COURT:

A petition for rehearing having been filed and 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 active service on this Court having voted against granting a rehearing en banc, it is ORDERED that this case will not be reheard en banc.

MARTIN, Circuit Judge, dissenting from the denial of rehearing...

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