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