Avelino Martinez v. USA, No. 14-5860 (6th Cir. 2015)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 10, 2015.
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No. 14-5860 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Oct 14, 2015 ) DEBORAH S. HUNT, Clerk ) ) ) ) ORDER ) ) ) ) ) ) ) AVELINO CRUZ MARTINEZ, Petitioner-Appellant, v. UNITED STATES OF AMERICA, ET AL., Respondent-Appellee. BEFORE: COLE, Chief Judge; BOGGS, BATCHELDER, MOORE, CLAY, GIBBONS, ROGERS, SUTTON, COOK McKEAGUE, GRIFFIN, KETHLEDGE, WHITE, STRANCH, and DONALD, Circuit Judges. A majority of the Judges of this Court in regular active service have voted for the rehearing of this case en banc. Sixth Circuit Rule 35(b) 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 is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk
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