IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS No. 95-4908 ELEVENTH CIRCUIT 07/31/98 THOMAS K. KAHN CLERK UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BARRY KAPLAN, Defendant-Appellant.

-------------------------- Appeal from the United States District Court for the Southern District of Florida --------------------------

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion January 22, 1998, 11th Cir., 133 F.3rd 826)

(July 31, 1998)

Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges.

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion of rehearing

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. FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT 07/31/98 THOMAS K. KAHN CLERK

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