RECOMMENDED FOR PUBLICATION
                                  Pursuant to Sixth Circuit I.O.P. 32.1(b)
                                         File Name: 24a0171p.06

                     UNITED STATES COURT OF APPEALS
                                    FOR THE SIXTH CIRCUIT



  UNITED STATES OF AMERICA,                                    ┐
                                      Plaintiff-Appellee,      │
                                                               │
                                                                >        No. 23-3466
          v.                                                   │
                                                               │
                                                               │
  TYREN L. CERVENAK,                                           │
                                   Defendant-Appellant.        │
                                                               ┘

                               On Petition for Rehearing En Banc
           United States District Court for the Northern District of Ohio at Cleveland.
                     No. 1:22-cr-00204-1—John R. Adams, District Judge.

                                Decided and Filed: August 9, 2024

           Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN,
          KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN,
        READLER, MURPHY, DAVIS, MATHIS, and BLOOMEKATZ, Circuit Judges.
                                  _________________

                                              COUNSEL

ON PETITION FOR REHEARING EN BANC: Catherine Adinaro Shusky, OFFICE OF THE
FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant. ON RESPONSE: Jason
Manion, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.
                                        _________________

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:

       A decision to grant rehearing en banc vacates the previous opinion and judgment
       of the court, stays the mandate, and restores the case on the docket as a pending
       appeal.
  No. 23-3466                          United States v. Cervenak                            Page 2


        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.

                                                ENTERED BY ORDER OF THE COURT




                                                ____________________________________
                                                Kelly L. Stephens, Clerk