United States v. Tyren Cervenak

110 F.4th 1296

Opinion

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 24a0171p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA, ┐ Plaintiff-Appellee, │ │ > No. 23-3466 v. │ │ │ TYREN L. CERVENAK, │ Defendant-Appellant. │ ┘

On Petition for Rehearing En Banc United States District Court for the Northern District of Ohio at Cleveland. No. 1:22-cr-00204-1—John R. Adams, District Judge.

Decided and Filed: August 9, 2024

Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, MURPHY, DAVIS, MATHIS, and BLOOMEKATZ, Circuit Judges. _________________

COUNSEL

ON PETITION FOR REHEARING EN BANC: Catherine Adinaro Shusky, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant. ON RESPONSE: Jason Manion, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee. _________________

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:

A decision to grant rehearing en banc vacates the previous opinion and judgment of the court, stays the mandate, and restores the case on the docket as a pending appeal. No. 23-3466 United States v. Cervenak Page 2

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.

ENTERED BY ORDER OF THE COURT

____________________________________ Kelly L. Stephens, Clerk