United States of America, Plaintiff-appellee, v. Johnny E. Gatewood, Defendant-appellant, 204 F.3d 680 (6th Cir. 1999)

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US Court of Appeals for the Sixth Circuit - 204 F.3d 680 (6th Cir. 1999)

October 28, 1999


Before: MARTIN, Chief Judge; KEITH, MERRITT, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.


ORDER

A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 35(a) provides as follows:

"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."

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

It is further ORDERED that the appellant file a supplemental brief not later than Monday, December 20, 1999, and the appellee file a supplemental brief not later than Monday, February 7, 2000.

The Clerk will schedule this case for argument as directed by the court.