PUBLISH

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________________ FILED U.S. COURT OF APPEALS No. 97-6365 ELEVENTH CIRCUIT ________________________________ 12/03/99 D.C. Docket Nos. CV 95-8005 & cv THOMAS K. KAHN CR 90-266 CLERK DAVID RONALD CHANDLER , Petitioner-Appellant, versus

UNITED STATES OF AMERICA, Respondent-Appellee. _________________________________________________________________

Appeal from the United States District Court for the Northern District of Alabama _________________________________________________________________ (December 3, 1999) (Opinion October 29, 1999, 193 F.3d 1297, 11th Cir., 1999)

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, BARKETT, HULL, MARCUS and WILSON, 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. __________________________ *Judge Ed Carnes has recused himself and will not participate. 2