United States v. Ballinger

[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT Nos. 01-14872 & 01-15080 May 12, 2004 THOMAS K. KAHN D. C. Docket Nos. 99-00026-CR & CLERK 01-00032-CR UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAY SCOTT BALLINGER, Defendant-Appellant. -------------------------- Appeals from the United States District Court for the Northern District of Georgia -------------------------- (Opinion November 21, 2002, 312 F.3d 1264, 11th Cir. 2002) (May 12, 2004) Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.* BY THE COURT: A member of this Court in active service having requested a poll on the * Honorable James C. Hill has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c). 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 causes shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED. 2