[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 97-3222 NOVEMBER 20, 2001

_______________________ THOMAS K. KAHN

CLERK

D.C. Docket No. 92-01027-CR-MMP UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus EDGAR ARNOLD GARCIA,

Defendant-Appellant.

_______________________

Appeal from the United States District Court

for the Northern District of Florida

_______________________

(November 20, 2001)

ON PETITION FOR REHEARING EN BANC

(Opinion March 9, 2001) Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges. O R D E R:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED.

/S/R. LANIER ANDERSON

CHIEF JUDGE

2 CARNES, Circuit Judge, Concurring in the Denial of Rehearing En Banc, in which BLACK, HULL and MARCUS, Circuit Judges, join:

We concur in the denial of rehearing en banc for the reasons set out in our concurring opinion in United States v. Ardley, ___ F.3d ____, No. 98-7033 (11th Cir. 2001), which is issued contemporaneously with this one.

3 TJOFLAT, Circuit Judge, Dissenting from the Denial of Rehearing En Banc, in which BARKETT, Circuit Judge, joins:

I dissent for the reasons set forth in my dissent from the denial of rehearing en banc in United States v. Ardley, ___ F.3d ___, No. 98-7033 (11th Cir. 2001).

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