139 F.3d 1343
10th Cir.
1998

ORDER

PER CURIAM.

We granted rehearing en banc in this case on the question:

For statute of limitations purposes, must an indictment charging a conspiracy under 18 U.S.C. § 371 allege at least one specific overt act occurring within the limitations period established by 18 U.S.C. § 3282?

Because we are evenly divided, we affirm the district court’s judgment on this issue. *1344 That portion of the panel opinion which addressed this issue and which is found at II.B. of the opinion, United States v. Stoner, 98 F.3d 527, 531-538 (10th Cir.1996), is without precedent. Ohio ex rel. Eaton v. Price, 364 U.S. 263, 263-264, 80 S.Ct. 1463, 1463-1464, 4 L.Ed.2d 1708 (1960); United States v. Rivera, 874 F.2d 754 (10th Cir.1989). The panel opinion is otherwise undisturbed.

The judgment of the district court is AFFIRMED.