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United States v. David W. Lanier , 43 F.3d 1033 ( 1995 )


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  • 43 F.3d 1033

    UNITED STATES of America, Plaintiff-Appellee,
    v.
    David W. LANIER, Defendant-Appellant.

    No. 93-5608.

    United States Court of Appeals,
    Sixth Circuit.

    Jan. 4, 1995.

    Prior Report: 33 F.3d 639.

    Before: MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, Circuit Judges.

    ORDER

    1

    A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 14 provides as follows:

    2

    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.

    3

    Accordingly, it is ORDERED that the previous decision and judgment of this court is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

    4

    The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.