United States v. David W. Lanier

114 F.3d 84

UNITED STATES of America, Plaintiff-Appellee,
v.
David W. LANIER, Defendant-Appellant.

No. 93-5608.

United States Court of Appeals,
Sixth Circuit

May 13, 1997.

Prior report: 6th Cir., 73 F.3d 1380.

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

ORDER

1

In light of the United States Supreme Court's judgment of April 30, 1997, this case will be reheard 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, June 16, 1997, and the appellee file a supplemental brief not later than Wednesday, July 16, 1997. The Clerk will schedule this case for oral argument as directed by the court.