Opinion
20-2765 20-2766
09-10-2021
NOT PRECEDENTIAL
M.D. Pa. Nos. 3:16-cr-00127, 3:19-cr-00160
Present SMITH, Chief Judge, and McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, and PHIPPS, Circuit Judges
SUR PETITION FOR REHEARING
STEPHANOS BIBAS CIRCUIT JUDGE
The petition for rehearing filed by Appellant in the above-captioned case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, it is hereby ORDERED that the petition for rehearing is GRANTED IN PART. A majority of the judges who participated in the decision of the Court having voted for rehearing, the petition for rehearing by the panel is GRANTED. The opinion and judgment filed August 12, 2021, are hereby VACATED. A subsequent opinion and judgment are herewith issued. The majority has made changes to the language that appeared on page five.
A majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the Court en banc is DENIED.