Case: 17-10172 Date Filed: 05/15/2018 Page: 1 of 2

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-10172 ________________________ D.C. Docket No. 1:16-cv-02392-TWT

IRMA OVALLES, Petitioner - Appellant, versus UNITED STATES OF AMERICA, Respondent - Appellee.

________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________

Before ED CARNES, Chief Judge, TJOFLAT, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, and BRANCH, Circuit Judges. *

* Judge Julie Carnes did not participate in the decision to rehear this case en banc and will not participate in the rehearing of it. Judge Frank Hull took senior status on December 31, 2017, and as a result did not participate in the decision to rehear this case en banc. As a member of the panel that originally issued a decision in this case, however, Judge Hull has elected to participate in the rehearing of it. See 28 U.S.C. § 46(c).

Case: 17-10172 Date Filed: 05/15/2018 Page: 2 of 2

BY THE COURT: A majority of judges in active service having decided to rehear this case en banc, it is ORDERED that this case will be reheard en banc. The panel’s opinion is VACATED.