Opinion
18-3305 19-1011
09-16-2021
On Appeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa. Criminal No. 2-16-cr-00428-001) District Judge: Honorable Harvey Bartle, III
SUR PETITION FOR REHEARING
Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS and FISHER [*] , Circuit Judges
D. MICHAEL FISHER, CIRCUIT JUDGE
The petition for rehearing filed by Appellant in the above-entitled 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, and 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.
It is hereby ordered that the petition for rehearing by the panel is granted in part. The judges who participated in the decision of this Court will issue an amended opinion and judgment. [*] Judge Fisher's vote is limited to panel rehearing only.