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43 F3d 1033 United States v. W Lanier

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.