Opinion
No. 08-10997.
August 12, 2009.
Peggy Morris Ronca, Orlando, FL, for U.S.
William R. Ponall, Kirk N. Kirkconnell, Kirkconnell, Lindsey, Snure Yates, P.A., Winter Park, FL, for Irey.
Appeal from the United States District Court for the Middle District of Florida (No. 06-00237-CR-ORL-31-DAB); Gregory A. Presnell, Judge.
(Opinion March 30, 2009, 563 F.3d 1223, 11th Cir. 2009)
Before DUBINA, Chief Judge, and TJOFLAT, EDMONDSON, BIRCH, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.
Senior United States Circuit Judge James C. Hill has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting 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.