Summary
granting en banc review to resolve that issue
Summary of this case from Young v. United StatesOpinion
No. 14-6158
04-27-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. VICTOR J. STITT, II, Defendant-Appellant.
ORDER BEFORE: COLE, Chief Judge; BOGGS, BATCHELDER, MOORE, CLAY, GIBBONS, ROGERS, SUTTON, COOK McKEAGUE, GRIFFIN, KETHLEDGE, WHITE, STRANCH, and DONALD, Circuit Judges.
A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. 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 is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
ENTERED BY ORDER OF THE COURT
/s/ _________
Deborah S. Hunt, Clerk