United States v. Kenneth Eugene Allen ( 1999 )

179 F.3d 1002

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
Kenneth Eugene ALLEN, Defendant-Appellant.

No. 96-6313.

United States Court of Appeals, Sixth Circuit.

June 11, 1999.

BEFORE: MARTIN, Chief Judge; MERRITT, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, 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 35(a) 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 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 directed by the court.