UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 19-2151

UNITED STATES OF AMERICA v. KENNETH SMUKLER, Appellant

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 2-17-cr-00563-002) _______________ SUR PETITION FOR PANEL REHEARING _______________ Before: JORDAN, MATEY and ROTH, Circuit Judges.

The petition for panel 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 ORDERED that the petition for rehearing by the panel is GRANTED. The opinion and judgment entered on January 26, 2021, are hereby VACATED. An amended opinion and judgment will be filed contemporaneously with this order.

BY THE COURT,

s/ Paul B. Matey Circuit Judge DATED: March 19, 2021 PDB/cc: All Counsel of Record