United States v. Svete

[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 05-13809 JULY 01, 2008 THOMAS K. KAHN D.C. Docket No. 04-00010-CR-E-001-MCR CLERK UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID W. SVETE, RON GIRARDOT, Defendants-Appellants. --------------------------- Appeal from the United States District Court for the Northern District of Florida -------------------------- (Opinion March 26, 2008, 521 F.3d 1302, 11th Cir. 2008) (July 1, 2008) Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges*. BY THE COURT: * Senior United States Circuit Judge Phyllis A. Kravitch has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. 46 (c). A member of this Court in active service having requested a poll on the suggestions 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. 2