[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 97-3222 NOVEMBER 20, 2001
_______________________ THOMAS K. KAHN
CLERK
D.C. Docket No. 92-01027-CR-MMP
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDGAR ARNOLD GARCIA,
Defendant-Appellant.
_______________________
Appeal from the United States District Court
for the Northern District of Florida
_______________________
(November 20, 2001)
ON PETITION FOR REHEARING EN BANC
(Opinion March 9, 2001)
Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, BIRCH,
DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON,
Circuit Judges.
O R D E R:
The Court having been polled at the request of one of the members of the
Court and a majority of the Circuit Judges who are in regular active service not
having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure;
Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED.
/S/R. LANIER ANDERSON
CHIEF JUDGE
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CARNES, Circuit Judge, Concurring in the Denial of Rehearing En Banc, in which
BLACK, HULL and MARCUS, Circuit Judges, join:
We concur in the denial of rehearing en banc for the reasons set out in our
concurring opinion in United States v. Ardley, ___ F.3d ____, No. 98-7033 (11th
Cir. 2001), which is issued contemporaneously with this one.
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TJOFLAT, Circuit Judge, Dissenting from the Denial of Rehearing En Banc, in
which BARKETT, Circuit Judge, joins:
I dissent for the reasons set forth in my dissent from the denial of rehearing
en banc in United States v. Ardley, ___ F.3d ___, No. 98-7033 (11th Cir. 2001).
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