IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

No. 95-8120 UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus HARRY LEON SMITH, III,

Defendant-Appellant.

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Appeal from the United States District Court for the

Northern District of Georgia

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(Opinion December 5, 1996 , 11th Cir., 1996, F.2d )

(April 24, 1997) Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.* B Y T H E C O U R T :

A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED. ____________________ *Senior U. S. Circuit Judge James C. Hill may participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).