78 F3d 232 United States v. Erwin

78 F.3d 232

UNITED STATES of America, Plaintiff-Appellee,
v.
James ERWIN, Jr., Defendant-Appellant.

No. 94-1766.

United States Court of Appeals,
Sixth Circuit.

March 6, 1996.

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

1

Prior report: 71 F.3d 218.

2

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:

3

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.

4

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.

5

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