Kevin Spencer v. USA, No. 10-10676 (11th Cir. 2014)

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This opinion or order relates to an opinion or order originally issued on August 15, 2013.

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Case: 10-10676 Date Filed: 03/07/2014 Page: 1 of 1 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 10-10676 ________________________ (D.C. Docket No. 3:08-00914-VMC-MCR) KEVIN SPENCER, lllllllllllllllllllllPetitioner - Appellant, versus UNITED STATES OF AMERICA, lllllllllllllllllllllRespondent - Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (Opinion August 15, 2013, 727 F.3d 1076, 11th Cir. 2013) (March 7, 2014) ON PETITION(S) FOR REHEARING AND PETITION(S) FOR REHEARING EN BANC BEFORE: CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, PRYOR, MARTIN and JORDAN, Circuit Judges.* BY THE COURT: A member of this Court in active service having requested a poll on the suggestions of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel s opinion is hereby VACATED. ___________________________ *Senior United States Circuit Judge Phyllis A. Kravitch has elected not to participate in the en banc proceedings in this matter. See 28 U.S.C. ยง 46(c).

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