United States v. Garcon

Scott Dion, Emily M. Smachetti, U.S. Attorney's Office, Lisa Tobin Rubio, Gregory Schiller, U.S. Attorney Service, Miami, FL, for Plaintiff-Appellant.

Michael Caruso, Federal Public Defender, Federal Public Defender's Office, West Palm Beach, FL, Timothy Day, Gail M. Stage, Federal Public Defender's Office, Fort Lauderdale, FL, for Defendant-Appellee.

Before William Pryor, Chief Judge, Wilson, Jordan, Rosenbaum, Jill Pryor, Newsom, Branch, Grant, Luck, Lagoa, and Brasher, Circuit Judges.

BY THE COURT:

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