United States v. Carlton J. Smith

859 F.2d 1200

UNITED STATES of America, Plaintiff-Appellee,
v.
Carlton J. SMITH, Defendant-Appellant.

No. 87-5683.

United States Court of Appeals,
Fourth Circuit.

Oct. 19, 1988.

1

On Petition for Rehearing with Suggestion for Rehearing In Banc.

2

Prior Report: 851 F.2d 706 (4th Cir.).

ORDER

3

The appellee's petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judges Russell, Widener, Chapman, Wilkinson and Wilkins voted to rehear the case in banc; and Judges Winter, Hall, Phillips, Murnaghan, Sprouse and Ervin voted against rehearing the case in banc. As a majority of the judges voted to deny rehearing in banc, and

4

As the panel considered the petition for rehearing and is of the opinion that it should be denied,

5

IT IS ADJUDGED AND ORDERED that the petition for rehearing and suggestion for rehearing in banc are denied.

6

Entered at the direction of Judge Winter, with the concurrence of Judge Spencer, United States District Judge, sitting by designation. Judge Chapman dissents.