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.

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