Michael Peck v. United States ( 1996 )

PER CURIAM:

The Court voted to rehear this appeal in banc to consider the harmless error analysis applicable on review of a collateral attack upon a conviction obtained after a jury charge that, in conformity with then prevailing law, see United States v. Caming, 968 F.2d 232, 238-41 (2d Cir.1992), did not include an aspect of the mental state necessary for conviction, an aspect subsequently required, see Ratzlafv. United States, 510 U.S. 135, 148, 114 S.Ct. 655, 663, 126 L.Ed.2d 615 (1994). The Supreme Court having clarified harmless error analysis in California v. Roy, - U.S.-, 117 S.Ct. 337, 136 L.Ed.2d 266 (1996), the in bane court dissolves itself and leaves the appeal for reconsideration by the original panel in fight of Roy.