United States v. Jeffery Havis, No. 17-5772 (6th Cir. 2019)

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This opinion or order relates to an opinion or order originally issued on October 22, 2018.

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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0075p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, > v. JEFFERY HAVIS, Defendant-Appellant. No. 17-5772 Appeal from the United States District Court for the Eastern District of Tennessee of Chattanooga. No. 1:16-cr-00121-1—Travis R. McDonough, District Judge. Decided and Filed: April 18, 2019 BEFORE: COLE, Chief Judge; MOORE, CLAY, GIBBONS, SUTTON, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER and MURPHY, Circuit Judges. _________________ ORDER _________________ A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. 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 are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal. No. 17-5772 United States v. Havis Page 2 Briefing and scheduling of this case for oral argument will follow as the Clerk may direct. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk