UNITED STATES OF AMERICA v. DAVID E. MCCALL, JR.
No. 21-3400
United States Court of Appeals, Sixth Circuit
April 1, 2022
On Petition for Rehearing En Banc
RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b); File Name: 22a0059p.06; United States District Court for the Northern District of Ohio at Cleveland, No. 1:13-cr-00345-41—Christopher A. Boyko, District Judge.
COUNSEL
ON PETITION FOR REHEARING EN BANC: Rebecca Chattin Lutzko, Matthew B. Kall, UNITED STATES ATTORNEY‘S OFFICE, Cleveland, Ohio, for Appellee. ON RESPONSE: Vanessa Malone, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Akron, Ohio, for Appellant.
ORDER
A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. 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 are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk