Opinion
No. 10–14428.
2011-10-4
UNITED STATES of America, Plaintiff–Appellee,v.Charles Levern HUDSON, Defendant–Appellant.
Lisa A. Hirsch, Anne R. Schultz, Wilfredo A. Ferrer, U.S. Atty., Kathleen M. Salyer, U.S. Attorney's Office, Miami, FL, Rinku Talwar Tribuiani, U.S. Attorney's Office, Fort Pierce, FL, for Plaintiff–Appellee.Bernardo Lopez, Fed. Pub. Defender's Office, Fort Lauderdale, FL, Michael Caruso, Fed. Pub. Def., Miami, FL, for Defendant–Appellant.Appeal from the United States District Court for the Southern District of Florida (No. 2:07–cr–14081–KMM–1); K. Michael Moore, Judge.Opinion May 11, 2011, 11th Cir. 2011, 426 Fed.Appx. 748.BEFORE: DUBINA, Chief Judge, TJOFLAT, EDMONDSON, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and MARTIN, Circuit Judges .
Senior United States Circuit Judge Peter F. Fay has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
BY THE COURT:
A member of this court in active service having requested a poll on the petition for rehearing and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this Court en banc. The previous panel's opinion is hereby VACATED.