United States v. Truman Jones

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

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Nos. 20-2765 & 20-2766

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UNITED STATES OF AMERICA

v.

TRUMAN JONES,

Appellant

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(M.D. Pa. Nos. 3:16-cr-00127 & 3:19-cr-00160)

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SUR PETITION FOR REHEARING

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Present SMITH, Chief Judge, and McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, and PHIPPS, Circuit Judges

The petition for rehearing filed by Appellant in the above-captioned case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, it is hereby ORDERED that the petition for rehearing is GRANTED IN PART. A majority of the judges who partici- pated in the decision of the Court having voted for rehearing, the petition for rehearing by the panel is GRANTED. The opinion and judgment filed August 12, 2021, are hereby VACATED. A subsequent opinion and judgment are herewith issued. The majority has made changes to the language that appeared on page five.

A majority of the judges of the circuit in regular service not having voted for rehear- ing, the petition for rehearing by the Court en banc is DENIED.

By the Court,

s/ Stephanos Bibas

Circuit Judge

Dated: September 10, 2021 Lmr/cc: All Counsel of Record