Petition for Rehearing En Banc

ZBifitrirt of QEqumhta [F H L E Q Qtuurt of gppeals NOV _ 5 2015 No. 12-CM-1509 DISTRICT OF COLUMBIA COURT OF APPEALS JEAN BAPTISTE BADO, Appellant, DVM1930-11 V. UNITED STATES, Appellee. BEFORE: Washington, Chief Judge; Glickman, F isher*, Blackburne—Rigsby, Thompson*, Beckwith, and Easterly, Associate Judges; and Ruiz*, Senior Judge. ORDER On consideration of appellee’s petition for rehearing or rehearing en banc, and appellant’s response thereto, it is ORDERED by the merits division* that the petition for rehearing is denied; and it appearing that the majority of the active judges of this court have voted to grant the petition for rehearing en banc, it is FURTHER ORDERED that appellee’s petition for rehearing en banc is granted and that the opinion and judgment of July 16, 2015, are hereby vacated. It is FURTHER ORDERED that the Clerk shall schedule this matter for argument before the court sitting en banc as soon as the calendar permits. It is FURTHER ORDERED that the parties shall file new briefs as follows: the appellant’s brief shall be filed on or before December 15, 2015, and appellee’s brief shall be filed within 30 days thereafter. Appellant may file a reply brief within 21 days after appellee’s brief is filed. Each party shall file ten copies of its briefs. These new briefs shall be specifically designed for consideration by and addressed to the en banc court and shall supersede all briefs previously filed in this appeal. PER CURIAM Associate Judge McLeese did not participate in this appeal. No. 12-CM-1509 Copies to: Honorable Stuart Nash Director, Criminal Division Moses Cook, Esquire Paul V. Renaud, Esquire DC Law Students in Court 4340 Connecticut Ave., NW, Suite 100 Washington, DC 20008 Alfred D. Carry, Esquire Moses Cook, Esquire DC Law Students in Court 616 H Street, NW, Suite 500 Washington, DC 20001 Elizabeth Trosman, Esquire Assistant United States Attorney pii