[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ELEVENTH CIRCUIT October 4, 2011 No. 10-14428 JOHN LEY CLERK D. C. Docket No. 2:07-cr-14081-KMM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHARLES LEVERN HUDSON, Defendant-Appellant.

-------------------------- On Appeal from the United States District Court for the Southern District of Florida -------------------------- (Opinion May 11, 2011, 11th Cir. 2011) (October 4, 2011) BEFORE: DUBINA, Chief Judge, TJOFLAT, EDMONDSON, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and MARTIN, 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 the petitioner for rehearing and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,

__________________ *Senior United States Circuit Judge Peter F. Fay has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).

IT IS ORDERED that the above cause shall be reheard by this Court en banc. The previous panel's opinion is hereby VACATED.

__________________ *Senior United States Circuit Judge Peter F. Fay has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c). 2