In the

United States Court of Appeals For the Seventh Circuit ____________________ No. 20-1891 ALFRED BOURGEOIS, Petitioner-Appellee, v.

T.J. WATSON, Warden, and UNITED STATES OF AMERICA, Respondents-Appellants. ____________________

Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. No. 2:19-cv-00392-JMS-DLP — Jane Magnus-Stinson, Chief Judge. ____________________

On Petition for Rehearing and Rehearing En Banc ____________________

December 1, 2020 ____________________

Before SYKES, Chief Judge, EASTERBROOK, KANNE, ROVNER, WOOD, HAMILTON, BRENNAN, SCUDDER and ST. EVE, Circuit Judges. PER CURIAM. On consideration of petitioner-appellee’s pe- tition for panel rehearing or rehearing en banc, filed on 2 No. 20-1891

October 13, 2020, the judges on the original panel have voted to deny rehearing. A judge in regular active service requested a vote on the petition for rehearing en banc. A majority of judges in regular active service voted to deny the petition for rehearing en banc. Circuit Judge Wood dissents from the denial of rehearing en banc, on the ground that in her view the petitioner is enti- tled to a hearing on his claim that his execution will violate the Federal Death Penalty Act, 18 U.S.C. § 3596(c), with whom Circuit Judge Rovner joins. Accordingly, the petition for panel rehearing or rehearing en banc filed by petitioner-appellee is DENIED. Pursuant to the panel’s October 6, 2020 opinion, the mandate shall now issue immediately.