Opinion
No. 10–14662.
2011-10-4
Wilfredo A. Ferrer, U.S. Atty., Harriett Galvin, William C. Healy, Kelly S. Karase,
Kathleen M. Salyer, Anne R. Schultz, U.S. Attorney's Office, Miami, FL, for Plaintiff–Appellee.Sowmya Bharathi, Michael Caruso, Fed. Pub. Def., Fed. Pub. Defender's Office, Miami, FL, for Defendant–Appellant.Appeal from the United States District Court for the Southern District of Florida (No. 1:10–cr–20236–AJ–2); Adalberto Jordan, J.(Opinion July 6, 2011, 645 F.3d 1234 (11th Cir.2011)).
BEFORE: DUBINA, Chief Judge, TJOFLAT, EDMONDSON, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and MARTIN, Circuit Judges.
Senior United States Circuit Judge R. Lanier Anderson has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
BY THE COURT:
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.