IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals _____________________ Fifth Circuit

FILED No. 09-41238 January 25, 2012 _____________________ Lyle W. Cayce In re: AMY UNKNOWN, Clerk Petitioner Consolidated with _____________________

No. 09-41254 _____________________

UNITED STATES OF AMERICA, Plaintiff - Appellee DOYLE RANDALL PAROLINE, Defendant - Appellee versus

AMY UNKNOWN, Movant - Appellant __________________________

Appeals from the United States District Court for the Eastern District of Texas, Tyler __________________________

ON PETITIONS FOR REHEARING AND REHEARING EN BANC

(Opinion-Order December 21, 2009, 5 Cir., 2009,

)(09-41238 only) (Revised Opinion-Order December 22, 2009, 5 Cir., 2009,

) (Opinion March 22, 2011, 5 Cir., 2011,

)

Before JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES and GRAVES, Circuit Judges.1

PER CURIAM:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

1 Judge Stephen A. Higginson is recused and did not participate in this decision.