UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

_____________ No. 09-4718 _____________

UNITED STATES OF AMERICA,

Appellant

v.

RUBEN MITCHELL

PRESENT: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR. and VANASKIE, Circuit Judges

ORDER

A majority of the active judges have voted for rehearing en banc in the above

appeal, it is ordered that the Clerk of Court list the above case for rehearing en banc at

the convenience of the Court.

By the Court,

/s/ Theodore A. McKee

Chief Circuit Judge

Date: October 20, 2010