United States v. Johnson

Cary Oren Aronovitz, Tonya R. Long, Assistant U.S. Attorneys, Jonathan Colan, Wifredo A. Ferrer, Emily M. Smachetti, U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellee.

Michael Caruso, Federal Public Defender, Ian McDonald, Celeste S. Higgins, Federal Public Defender's Office, Miami, FL, for Defendant-Appellant.

Before ED CARNES, Chief Judge, TJOFLAT, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, and BRANCH, Circuit Judges:

BY THE COURT:

A member of this Court in active service having requested a poll on whether this case should be reheard en banc and a majority of the judges of this Court in active service having voted in favor of granting rehearing en banc, IT IS ORDERED that this case will be reheard en banc. The panel’s opinion is VACATED.