United States Court of Appeals For the First Circuit _____________________ No. 16-2039

GEORGE H. BENNETT,

Petitioner, Appellee,

v.

UNITED STATES OF AMERICA,

Respondent, Appellant. __________________

Before

Barron, Circuit Judge, Souter, Associate Justice, and Selya, Circuit Judge.

__________________

ORDER OF COURT Entered: September 5, 2017

The opinion issued on July 5, 2017, is withdrawn and the judgment of the same date is vacated as moot. See the new opinion issued this day.

By the Court: /s/ Margaret Carter, Clerk

cc: Hon. George Z. Singal Christa Berry, Clerk, United States District Court for the District of Maine James S. Nixon F. Mark Terison Renee M. Bunker Jonathan R. Chapman Thomas Edward Delahanty II James Michael Moore

 Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States, sitting by designation.