United States v. Sean Carter

315 F.3d 651 UNITED STATES of America, Plaintiff-Appellee, v. Sean CARTER, Defendant-Appellant. No. 01-5338. United States Court of Appeals, Sixth Circuit. February 24, 2003. Before MARTIN, Chief Judge; BOGGS, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, and ROGERS, Circuit Judges. ORDER — 1 — Pursuant to Sixth Cicuit I.O.P. 35(c), a majority of the Judges of the Court in regular active service have voted to grant the request of a member of the Court for rehearing of this case en banc. Sixth Circuit Rule 35(a) provides as follows: — 2 — "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." — 3 — Accordingly, it is ORDERED, that the previous decision and judgment of this court is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal. — 4 — It is further ORDERED that the parties simultaneously file supplemental briefs not later than Monday, March 24, 2003. — 5 — The Clerk will schedule this case for oral argument as directed by the Court.