UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 14-4804
UNITED STATES OF AMERICA
v.
THOMASINE TYNES,
Appellant
(E. D. Pa. Criminal No. 2-13-cr-00039-005)
SUR PETITION FOR REHEARING
Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN,
HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE,
RESTREPO, BIBAS, PORTER, NYGAARD, and FISHER * Circuit Judges
The petition for rehearing en banc filed by appellant Thomasine Tynes in
the above-entitled 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, and no judge who concurred in the decision having asked for rehearing,
*
Pursuant to Third Circuit I.O.P. 9.5.3, Judge Richard L. Nygaard’s and Judge D.
Michael Fisher’s votes are limited to panel rehearing.
and a majority of the circuit judges of the circuit in regular service not having voted for
rehearing, the petition for rehearing en banc is DENIED.
The petition for rehearing by the panel is GRANTED IN PART, solely as to the
claim that there was insufficient evidence to support Tynes’ conviction.
After consideration of Appellant’s argument, the panel has agreed to amend the
opinion, which will be filed simultaneously with this order in all of the consolidated
cases. Each of the judgments entered August 21, 2018, shall remain in full force and
effect.
BY THE COURT,
s/ Richard L. Nygaard
Circuit Judge
Dated: January 18, 2019
PDB/CLW/cc: All Counsel of Record