IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 09-12513 November 3, 2010
JOHN LEY
CLERK
EZELL GILBERT,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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On Appeal from the United States District Court for the
Middle District of Florida
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(Opinion June 21, 2010, 609 F.3d 1159, 11th Cir. 2010)
(November 3, 2010)
BEFORE: DUBINA, Chief Judge, TJOFLAT, EDMONDSON, BLACK, CARNES, BARKETT,
HULL, MARCUS, PRYOR, and MARTIN, Circuit Judges.*
B Y T H E C O U R T:
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.
*Judge Charles R. Wilson has recused himself and will not participate. Senior United States
Circuit Judge James C. Hill has elected to participate in further proceedings in this matter
pursuant to 28 U.S.C. § 46(c).