MIXON v. UNITED STATES

PER CURIAM:

A majority of the court being of the opinion that the petition for rehearing should be granted as to the Fed.R.Crim.P. Rule 11 issue, and inasmuch as the practice of this court forbids a divided vote in cases disposed of on its summary calendar, Fed.R.App.P. 34(a), 5th Cir. R. 18, this case shall be set down for oral argument, and this panel's opinion in, 608 F.2d 588 (5th Cir. 1979) is accordingly VACATED.

FRANK M. JOHNSON, Jr., Circuit Judge, dissents.