RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0075p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA, ┐ Plaintiff-Appellee, │ │ > No. 17-5772 v. │ │ │ JEFFERY HAVIS, │ Defendant-Appellant. │ ┘

Appeal from the United States District Court for the Eastern District of Tennessee of Chattanooga. No. 1:16-cr-00121-1—Travis R. McDonough, District Judge.

Decided and Filed: April 18, 2019

BEFORE: COLE, Chief Judge; MOORE, CLAY, GIBBONS, SUTTON, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER and MURPHY, Circuit Judges.

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ORDER _________________

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

The 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. No. 17-5772 United States v. Havis Page 2

Briefing and scheduling of this case for oral argument will follow as the Clerk may direct.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk