United States v. Kenneth Douglas

U.S. Court of Appeals for the Third Circuit June 2, 2017

Opinion

No. 15-1754

On Appeal from the United States District Court for the Western District of Pennsylvania

(District Court No: 2-09-cr-00105-009)

Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ, KRAUSE, and RESTREPO, Circuit Judges

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 Court en

banc shall hear oral argument limited to the application of the enhancement for an abuse

of position of trust under U.S.S.G. § 3B1.3. The Clerk of this Court shall list the case for

rehearing en banc on Wednesday October 18, 2017 at a time that is convenient to the

Court. The opinion and judgment entered February 22, 2017, are hereby vacated. BY THE COURT,

s/ D. Brooks Smith Chief Judge

Dated: June 2, 2017 tmm/cc: Rebecca R. Haywood Esq. Michael L. Ivory, Esq. Arnold P. Bernard, Jr., Esq.