Opinion
No. 18-CF-1132
10-27-2022
Sean R. Day, Esquire Chrisellen Kolb, Esquire, Assistant United States Attorney
Sean R. Day, Esquire
Chrisellen Kolb, Esquire, Assistant United States Attorney
BEFORE: Blackburne-Rigsby, Chief Judge; Glickman, Beckwith, Easterly,* McLeese,* Deahl,* Howard, and AliKhan, Associate Judges.
ORDER
PER CURIAM
On consideration of appellee's petition for rehearing or rehearing en banc, and appellant's response to appellee's petition for rehearing or rehearing en banc; and it appearing that the majority of the judges of this court has voted to grant the petition for rehearing en banc, it is
ORDERED by the merits division* that the petition for rehearing is denied. It is FURTHER ORDERED that petition for rehearing en banc is granted and that the opinion and judgment of January 6, 2022, are hereby vacated. It is
FURTHER ORDERED that the Clerk shall schedule this matter for argument before the court sitting en banc as soon as the calendar permits. It is
FURTHER ORDERED that appellant shall file a brief within 30 days from the date of this order; appellee shall file a brief within 30 days after the filing of appellant's opening brief; appellant may file a responsive brief within 21 days thereafter. Any amicus brief shall be filed within 7 days of the opening brief of the party it supports. These new briefs shall be specifically designed for consideration by and addressed to the en banc court and shall supersede all briefs previously filed in this appeal.