FILED
United States Court of Appeals
Tenth Circuit
April 18, 2014
PUBLISH Elisabeth A. Shumaker
Clerk of Court
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
No. 12-4169
PHILBERT RENTZ,
Defendant-Appellee.
ORDER
Before BRISCOE, Chief Judge, KELLY, LUCERO, HARTZ, TYMKOVICH,
GORSUCH, HOLMES, MATHESON, BACHARACH, and PHILLIPS, Circuit
Judges.1
This matter is before the court on the defendant’s Petition for Rehearing En Banc
and For Panel Rehearing. Both the defendant’s petition and government’s response were
submitted to all of the judges of the court who are in regular active service. A poll was
called and a majority of the court voted to grant en banc rehearing. See 10th Cir. R. 35.6.
Consequently, the petition is granted. Oral argument will be heard in connection with the
court’s September 2014 term. The parties will be advised of the exact date and time for
argument when that calendar is set.
1
Judge Carolyn McHugh is recused in this matter and did not participate in consideration
of the petition.
The parties are directed to file simultaneous supplemental briefs on or
before June 30, 2014 addressing the following question:
Whether a defendant can be charged with two violations of 18 U.S.C. § 924(c)
based on two separate crimes of violence and a single use of a firearm.
The parties are reminded that the en banc court is not bound by panel precedents. Briefs
are limited to 20 pages in length in a 13 point font. The parties are directed to file their
briefs via the court’s ECF system. In addition, within 2 business days of that filing, 16
hard copies of the briefs must be received in the clerk’s office.
Entered for the Court,
ELISABETH A. SHUMAKER
Clerk of Court
-2-