UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 11-3768 UNITED STATES OF AMERICA, Appellant v. RICHARD CARABALLO-RODRIGUEZ

Appeal from the United States District Court for the Eastern District of Pennsylvania (Crim. No. 2-08-cr-00328-002) District Judge: Hon. Cynthia M. Rufe Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH , FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR. and VANASKIE, Circuit Judges.

ORDER Pursuant to Third Circuit IOP 9.2, it is hereby ORDERED that the above- captioned case is listed en banc for May 29, 2013.

BY THE COURT:

/s/ Theodore A. McKee Chief Judge Dated: March 12, 2013 PDB/cc: All Counsel of Record