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UNITED STATES v. McCALL

No. 21-3400.

29 F.4th 816 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. David E. McCALL, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 1, 2022.

Attorney(s) appearing for the Case

ON PETITION FOR REHEARING EN BANC: Rebecca Chattin Lutzko , Matthew B. Kall , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON RESPONSE: Vanessa Malone , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Akron, Ohio, for Appellant.

Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, Circuit Judges.

ORDER

On Petition for Rehearing En Banc.

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous...

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