United States v. David W. Lanier

120 F.3d 640, 1997 U.S. App. LEXIS 21490, 1997 WL 464803

Opinions

ORDER

The United States moves to vacate the order of June 15, 1995, which released the defendant on his own recognizance. The defendant has responded in opposition to the motion. The motion to vacate and the response have been referred to the en banc court, a majority of which has voted to grant the motion.

Accordingly, the order of June 15, 1995, is hereby VACATED and set aside. The defendant is directed to surrender himself to the United States Marshal for the Western District of Tennessee not later than noon on Friday, August 22,1997.

This order is without prejudice to the defendant’s reapplying to the district court for his release pending disposition of his appeal.

JONES, Circuit Judge, concurs, and has filed a separate opinion which is appended hereto. NELSON, Circuit Judge, concurs in the entry of this order for the reasons stated in his separate concurring opinion, which is appended hereto. BOGGS, Circuit Judge, concurs, and has filed a separate opinion which is appended hereto. MERRITT, Circuit Judge, dissents from the entry of this order for the reasons stated in his separate dissenting opinion, which is appended hereto.

CONCURRENCE