United States v. Frazier

01-14680 | 11th Cir. | Sep 12, 2003

344 F.3d 1293" date_filed="2003-09-12" court="11th Cir." case_name="United States v. Frazier">344 F.3d 1293

UNITED STATES of America, Plaintiff-Appellee,
v.
Richard Junior FRAZIER, Defendant-Appellant.

No. 01-14680.

United States Court of Appeals, Eleventh Circuit.

September 12, 2003.

Stephanie Kearns, Fed. Pub. Def., Fed. Def. Program, Inc., Atlanta, GA, for Defendant-Appellant.

Thomas Aloysius Devlin, Jr., Atlanta, GA, for Plaintiff-Appellee.

Appeal from the United States District Court for the Northern District of Georgia (No. 00-00070-CR-WCO-2-1); William C. O'Kelley, Judge.

(Opinion Feb. 26, 2003, 11th Cir.2003, 322 F.3d 1262" date_filed="2003-02-26" court="11th Cir." case_name="United States v. Richard Junior Frazier">322 F.3d 1262)

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

BY THE COURT:

1

A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

2

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.