UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________

No. 20-1262 _______________

UNITED STATES OF AMERICA

v.

RICHIE WHEELER, Appellant _______________

(D.N.J. No. 2-18-cr-00485-001) _______________

SUR PETITION FOR REHEARING _______________

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

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

submitted to the judges who participated in the decision, it is hereby ORDERED that the

petition for rehearing by the panel is GRANTED. The opinion and judgment filed October

8, 2020, are hereby VACATED. A subsequent opinion and judgment are herewith issued.

The panel has made changes to the language that appeared at pages 2–5 of the original

opinion.

A majority of the judges of the circuit in regular service not having voted for rehearing,

the petition for rehearing by the Court en banc is DENIED. By the Court,

s/ Stephanos Bibas Circuit Judge Dated: November 20, 2020 DWB/arr/cc: MEC; MSL; RBG