United States v. Anita Yates

404 F.3d 1291 UNITED STATES of America, Plaintiff-Appellee, v. Anita YATES, Anton F. Pusztai, Defendants-Appellants. No. 02-13654. United States Court of Appeals, Eleventh Circuit. March 30, 2005. Richard F. Matthews, Jr., Ronald W. Wise, The Law Office of Ronald W. Wise, Timothy C. Halstrom (Court-Appointed), Montgomery, AL, for Defendants-Appellants. Michael A. Rotker, U.S. Dept. of Justice, Crim. Div., Linda I. Marks, U.S. Dept. of Justice, Office of Consumer Lit., Washington, DC, Tommie Brown Hardwick, Montgomery, AL, for Plaintiff-Appellee. On Appeal from the United States District Court for the Middle District of Alabama (No. 00-00109-CR-N-2); Anthony A. Alaimo, Judge. — 1 — (Opinion Nov. 24, 2004, 391 F.3d 1182, 11th Cir.2004) — 2 — Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges*. BY THE COURT: — 3 — A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, — 4 — IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED. Footnotes [1] Notes: [-s] * Senior United States Circuit Judge Emmett R. Cox has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c)