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.

-------------------------- Appeal from the United States District Court for the Northern District of Georgia --------------------------

(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).