USA v. Kenneth Douglas, No. 15-1754 (3d Cir. 2017)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on February 22, 2017.
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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 15-1754 UNITED STATES OF AMERICA v. KENNETH R. DOUGLAS, Appellant On Appeal from the United States District Court for the Western District of Pennsylvania (District Court No: 2-09-cr-00105-009) ORDER SUR PETITION FOR REHEARING EN BANC Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ, KRAUSE, and RESTREPO, Circuit Judges A majority of the active judges having voted for rehearing en banc in the above captioned case, it is ordered that the petition for rehearing is GRANTED. The Court en banc shall hear oral argument limited to the application of the enhancement for an abuse of position of trust under U.S.S.G. ยง 3B1.3. The Clerk of this Court shall list the case for rehearing en banc on Wednesday October 18, 2017 at a time that is convenient to the Court. The opinion and judgment entered February 22, 2017, are hereby vacated. BY THE COURT, s/ D. Brooks Smith Chief Judge Dated: June 2, 2017 tmm/cc: Rebecca R. Haywood Esq. Michael L. Ivory, Esq. Arnold P. Bernard, Jr., Esq.
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