Opinion
No. 96-1088.
Argued February 6, 1997. Reargued En Banc October 29, 1997.
October 31, 1997
Before: STAPLETON and MANSMANN, Circuit Judges, and RESTANI, Judge.
Hon. Jane A. Restani, Judge, United States Court of International Trade, sitting by designation.
Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE, Circuit Judges.
ORDER
This matter having come before the court en banc by order of this court dated July 30, 1997, following the grant of rehearing pursuant to this court's Internal Operating Procedure 9.4.1., it is hereby
ORDERED that the order of the district court dated January 11, 1996 denying and dismissing appellant's petition for a writ of habeas corpus under 28 U.S. Code Section(s) 2254 be and is hereby affirmed by an equally divided court.
Each party shall bear its own costs.
By the Court,
/s/ Dolores K. Sloviter, Chief Judge