UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 12-3149

UNITED STATES OF AMERICA

v.

JOSE LUIS FLORES-MEJIA, a/k/a JOSE FLORES MEJIA, a/k/a JOSE LUIS MEJIA, a/k/a/ MANUEL MENDEZ

Appellant

(Crim. No. 2-11-00712-01)

PRESENT: McKEE, Chief Judge, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, Jr., VANASKIE, SHWARTZ, SLOVITER* and ROTH*, Circuit Judges

ORDER

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

captioned case, it is ordered that the petition for rehearing is GRANTED.

The Clerk of this Court shall list the case for rehearing en banc at the convenience

of the Court. The opinion and judgment entered July 19, 2013 are hereby vacated.

By the Court,

/s/ Theodore A. McKee Chief Circuit Judge Date: September 18, 2013

cc: Jeffery W. Whitt, Esq. Robert A. Zauzmer, Esq. Robert Epstein, Esq. ________________________ * will participate as a member of the en banc court pursuant to 3d. Cir. I.O.P. 9.6.4.