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UNITED STATES v. FLORES-GONZÁLEZ

No. 19-2204.

46 F.4th 57 (2022)

UNITED STATES, Appellee, v. Emiliano Emmanuel FLORES-GONZÁLEZ, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Entered August 22, 2022.

Attorney(s) appearing for the Case

Mariana E. Bauza Almonte , Jeanette M. Collazo-Ortiz , Gregory Bennett Conner , Seth A. Tremble , US Attorney's Office, San Juan, PR, John Michael Pellettieri , US Dept of Justice, Criminal Division, Washington, DC, for Appellee.

Vivianne Marie Marrero-Torres , Franco L. Perez-Redondo , Ivan Santos-Castaldo , Vivian I. Torralbas-Halais , Eric A. Vos , Federal Public Defender Office, San Juan, PR, Liza Lorraine Rosado-Rodriguez , San Juan, PR, for Defendant-Appellant.

Before Barron, Chief Judge, Lynch, Thompson, Kayatta, and Gelpí, Circuit Judges.

ORDER OF COURT

A majority of the active judges who are not disqualified have voted to hear this case en banc. Accordingly, the petition for rehearing en banc is granted. In accordance with customary practice, the panel opinion released on May 16, 2022 is withdrawn, and the judgment entered the same date is vacated. See 1st Cir. I.O.P. X(D).

The issue presented to the en banc court is

whether a district court, in its discretion...

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