United States v. Anita Yates

438 F.3d 1307

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 30, 2005
• Docket: 02-13654
• Status: Published

Opinion

404 F.3d 1291

UNITED STATES of America, Plaintiff-Appellee,
v.
Anita YATES, Anton F. Pusztai, Defendants-Appellants.

No. 02-13654.

United States Court of Appeals, Eleventh Circuit.

March 30, 2005.

Richard F. Matthews, Jr., Ronald W. Wise, The Law Office of Ronald W. Wise, Timothy C. Halstrom (Court-Appointed), Montgomery, AL, for Defendants-Appellants.

Michael A. Rotker, U.S. Dept. of Justice, Crim. Div., Linda I. Marks, U.S. Dept. of Justice, Office of Consumer Lit., Washington, DC, Tommie Brown Hardwick, Montgomery, AL, for Plaintiff-Appellee.

On Appeal from the United States District Court for the Middle District of Alabama (No. 00-00109-CR-N-2); Anthony A. Alaimo, Judge.

(Opinion Nov. 24, 2004, 391 F.3d 1182, 11th Cir.2004)

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

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion of rehearing en banc 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.

Notes:

* Senior United States Circuit Judge Emmett R. Cox has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c)