Kevin Spencer v. United States

Case: 10-10676 Date Filed: 03/07/2014 Page: 1 of 1
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-10676
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(D.C. Docket No. 3:08-00914-VMC-MCR)
KEVIN SPENCER,
lllllllllllllllllllllPetitioner - Appellant,
versus
UNITED STATES OF AMERICA,
lllllllllllllllllllllRespondent - Appellee.
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Appeal from the United States District Court
for the Middle District of Florida
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(Opinion August 15, 2013, 727 F.3d 1076, 11th Cir. 2013)
(March 7, 2014)
ON PETITION(S) FOR REHEARING AND PETITION(S) FOR REHEARING EN BANC
BEFORE: CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, PRYOR,
MARTIN and JORDAN, Circuit Judges.*
BY THE COURT:
A member of this Court in active service having requested a poll on the suggestions of
rehearing en banc and a majority of the judges in this Court in active service having voted in
favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The
previous panel’s opinion is hereby VACATED.
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*Senior United States Circuit Judge Phyllis A. Kravitch has elected not to participate in the en
banc proceedings in this matter. See 28 U.S.C. § 46(c).