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

Honorable D. Michael Fisher, United States Circuit Judge for the Third Circuit, assumed senior status on February 1, 2017.

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Cir. I.O.P. 8.3.1, the panel’s previous non-precedential opinion filed August 8, 2018 is hereby VACATED.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