United States v. Harold Leon McGhee ( 1996 )

95 F.3d 1335

UNITED STATES of America, Plaintiff-Appellee,
v.
Harold Leon McGHEE, Defendant-Appellant.

No. 95-6323.

United States Court of Appeals,
Sixth Circuit.

Sept. 19, 1996.

Prior report: 87 F.3d 184.

Before: MERRITT, Chief Judge; KENNEDY, MARTIN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE and COLE, 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 are vacated, the mandate is stayed and the case is restored to the docket as a pending appeal.

4

It is further ORDERED that the appellant file a supplemental brief not later than Monday, October 21, 1996, and the appellee file a supplemental brief not later than Monday, December 23, 1996. Reargument will be scheduled for Wednesday, March 12, 1997.