IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 95-8120
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
HARRY LEON SMITH, III,
Defendant-Appellant.
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Appeal from the United States District Court for the
Northern District of Georgia
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(Opinion December 5, 1996 , 11th Cir., 1996, F.3d )
(April 24, 1997)
Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH,
DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.*
B Y T H E C O U R T :
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.
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*Senior U. S. Circuit Judge James C. Hill has elected to participate in
further proceedings in this matter pursuant to
28 U.S.C. § 46(c).
