Case: 12-12928 Date Filed: 09/04/2014 Page: 1 of 2

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-12928 ________________________ D.C. Docket No. 1:10-cr-20896-JAL-2

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus QUARTAVIOUS DAVIS, Defendant - Appellant.

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

Before ED CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, PRYOR, MARTIN, JORDAN, ROSENBAUM, and JULIE CARNES, Circuit Judges.* BY THE COURT:

* Senior United States Circuit Judge Joel F. Dubina has elected not to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).

Case: 12-12928 Date Filed: 09/04/2014 Page: 2 of 2

Petitions for rehearing en banc having been filed, a member of this Court in active service having requested a poll on whether this case should be reheard en banc, and a majority of the judges of this Court in active service having voted in favor of granting rehearing en banc, IT IS ORDERED that this case will be reheard en banc. The panel’s opinion is VACATED.