UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

No. 16-1509 _____________

UNITED STATES OF AMERICA

v.

TERRENCE BYRD, Appellant ____________________________________

On Appeal from the District Court for the Middle District of Pennsylvania (M.D. Pa. Crim. No. 1-14-cr-00321-001) Honorable William W. Caldwell, U.S. District Judge ____________________________________

On Remand from the Supreme Court of the United States on June 15, 2018 Submitted on Remand Under Third Circuit L.A.R. 34.1(a) on June 18, 2018

Before: FISHER 1, KRAUSE and MELLOY 2, Circuit Judges _____________

ORDER _____________

The petition for rehearing filed by Appellant in the above-entitled case having

been submitted to the judges who participated in the decision of this Court, it is hereby

O R D E R E D that the petition for rehearing by the panel is GRANTED. Pursuant to 3d

1 Honorable D. Michael Fisher, United States Circuit Judge for the Third Circuit, assumed senior status on February 1, 2017. 2 Honorable Michael J. Melloy, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit, sitting by designation. Cir. I.O.P. 8.3.1, the panel’s previous non-precedential opinion filed August 8, 2018 is

hereby VACATED. The panel is issuing an opinion and accompanying judgment

contemporaneously with this order.

By the Court,

s/ Cheryl Ann Krause Circuit Judge DATED: November 21, 2018 PDB/cc: All Counsel of Record