United States v. Drury

                                                                      [PUBLISH]

                     IN THE UNITED STATES COURT OF APPEALS

                             FOR THE ELEVENTH CIRCUIT
                                                                        FILED
                                                                U.S. COURT OF APPEALS
                                                                  ELEVENTH CIRCUIT
                                        No. 02-12924                  February 3, 2004
                                                                   THOMAS K. KAHN
                               D.C. Docket No. 01-00028-CR               CLERK


UNITED STATES OF AMERICA,

                                                                Plaintiff-Appellee,

      versus

CARL M. DRURY, JR., M.D.,
Doctor,
                                                                Defendant-Appellant.

                                  ---------------------------
                     Appeal from the United States District Court for the
                               Southern District of Georgia
                                   --------------------------

                (Opinion September 2, 2003, 344 F.3d. 1089, 11th Cir. 2003)

                                     (February 3, 2004)

Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK,
CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

BY THE COURT:

            A member of this Court in active service having requested a poll on the

suggestion of rehearing en banc and a majority of the judges in this Court in active service

having voted in favor of granting a rehearing en banc,

            IT IS ORDERED that the above cause shall be reheard by this court en banc.

The previous panel's opinion is hereby VACATED.