Case: 10-10676 Date Filed: 03/07/2014 Page: 1 of 1

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 10-10676

________________________

(D.C. Docket No. 3:08-00914-VMC-MCR) KEVIN SPENCER, lllllllllllllllllllllPetitioner - Appellant, versus UNITED STATES OF AMERICA, lllllllllllllllllllllRespondent - Appellee.

________________________

Appeal from the United States District Court

for the Middle District of Florida

________________________

(Opinion August 15, 2013, 727 F.3d 1076, 11th Cir. 2013)

(March 7, 2014) ON PETITION(S) FOR REHEARING AND PETITION(S) FOR REHEARING EN BANC BEFORE: CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, PRYOR, MARTIN and JORDAN, Circuit Judges.* BY THE COURT:

A member of this Court in active service having requested a poll on the suggestions 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. ___________________________ *Senior United States Circuit Judge Phyllis A. Kravitch has elected not to participate in the en banc proceedings in this matter. See 28 U.S.C. § 46(c).