UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________

No. 19-1250 ________________

UNITED STATES,

v.

WAYNE JAMES

Appellant, ________________

(Crim No. 3-15-cr-00042-001) ________________

SUR PETITION FOR PANEL REHEARING AND REHEARING EN BANC

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

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 and a majority

of the judges who participated in the decision of the Court having voted for rehearing, it

is hereby ORDERED that the petition for panel rehearing is GRANTED. The opinion

and judgment filed January 23, 2020 are hereby VACATED. An amended opinion1 and

judgment will be filed contemporaneously with this order.

1 The majority has made changes to the language that appeared at pages 11-12 and 14 of the original opinion. In light of the action taken by the panel, the En Banc Court has determined that no

further action is required on the petition currently before it.

BY THE COURT,

s/Patty Shwartz Circuit Judge

Dated: April 3, 2020 JK/cc: All Counsel of Record