5 F3d 177 United States v. Kaplansky

5 F.3d 177

UNITED STATES of America, Plaintiff-Appellee,
v.
Robert Paul KAPLANSKY, Defendant-Appellant.

No. 92-3744.

United States Court of Appeals,
Sixth Circuit.

Nov. 29, 1993.

Before MERRITT, Chief Judge; and KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER and BATCHELDER, Circuit Judges.

ORDER

1

A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 14 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

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.