U.S. Court of Appeals for the Sixth Circuit, 1999

United States v. Johnny E. Gatewood

United States v. Johnny E. Gatewood
U.S. Court of Appeals for the Sixth Circuit · Decided October 28, 1999 · Martin, Merritt, Ryan, Boggs, Norris, Suhrheinrich, Siler, Batchelder, Daughtrey, Moore, Cole, Clay, Gilman
204 F.3d 680; 1999 U.S. App. LEXIS 28428; 1999 WL 1482026 (Federal Reporter, Third Series)

United States v. Johnny E. Gatewood

Opinion

ORDER

A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 35(a) provides as follows:

β€œThe effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.”

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

It is further ORDERED that the appellant file a supplemental brief not later than Monday, December 20, 1999, and the ap-pellee file a supplemental brief not later than Monday, February 7, 2000.

The Clerk will schedule this case for argument as directed by the court.

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