Opinion
No. 17-15470
09-24-2020
David Paul Rhodes, U.S. Attorney Service-Middle District of Florida, U.S. Attorney's Office, Tampa, FL, Eric G. Olshan, U.S. Department of Justice, Criminal Division, Washington, DC, for Plaintiff-Appellee. William Mallory Kent, Law Office Of William M. Kent, Jacksonville, FL, Lea Patterson, Keisha Russell, Hiram S. Sasser, First Liberty Institute, Plano, TX, James Wesley Smith, III, CPLS, PA, Orlando, FL, for Defendant-Appellant. Michael Robert Ufferman, Michael Ufferman Law Firm, PA, TALLAHASSEE, FL, for Amicus Curiae Florida Association of Criminal Defense Lawyers.
David Paul Rhodes, U.S. Attorney Service-Middle District of Florida, U.S. Attorney's Office, Tampa, FL, Eric G. Olshan, U.S. Department of Justice, Criminal Division, Washington, DC, for Plaintiff-Appellee.
William Mallory Kent, Law Office Of William M. Kent, Jacksonville, FL, Lea Patterson, Keisha Russell, Hiram S. Sasser, First Liberty Institute, Plano, TX, James Wesley Smith, III, CPLS, PA, Orlando, FL, for Defendant-Appellant.
Michael Robert Ufferman, Michael Ufferman Law Firm, PA, TALLAHASSEE, FL, for Amicus Curiae Florida Association of Criminal Defense Lawyers.
Before WILLIAM PRYOR, Chief Judge, WILSON, JORDAN, MARTIN, ROSENBAUM, NEWSOM, BRANCH, GRANT, LUCK, LAGOA, and BRASHER, Circuit Judges.
Judge Jill Pryor has recused herself and did not participate in the poll to rehear this appeal en banc.
--------
A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this case should be reheard en banc, and a majority of the judges of this Court in active service who are not disqualified having voted in favor of granting rehearing en banc, IT IS ORDERED that this case will be reheard en banc. The panel's opinion is VACATED.