RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 13a0339p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA , X Plaintiff-Appellee, - - - No. xx-xxxx v. - > , JOHN DOE , - Defendant-Appellant. - N Appeal from the United States District Court for the Northern District of Ohio at Youngstown.

No. 4:04-cr-00537-1 Christopher A. Boyko, District Judge.

Decided and Filed: December 6, 2013 Before: KEITH, COLE, and ROGERS, Circuit Judges.

_________________ ORDER _________________ Appellant’s motion to dismiss the appeal is GRANTED. Appellant’s motion was made and is granted during the pendency of a timely petition by the appellee to rehear en banc this court’s judgment filed on August 27, 2013.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk