RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 22a0059p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
┐
UNITED STATES OF AMERICA,
│
Plaintiff-Appellee, │
> No. 21-3400
│
v. │
│
DAVID E. MCCALL, JR., │
Defendant-Appellant. │
┘
On Petition for Rehearing En Banc.
United States District Court for the Northern District of Ohio at Cleveland.
No. 1:13-cr-00345-41—Christopher A. Boyko, District Judge.
Decided and Filed: April 1, 2022
Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN,
NALBANDIAN, READLER, and MURPHY, Circuit Judges.
_________________
COUNSEL
ON PETITION FOR REHEARING EN BANC: Rebecca Chattin Lutzko, Matthew B. Kall,
UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON RESPONSE:
Vanessa Malone, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Akron, Ohio, for
Appellant.
_________________
ORDER
_________________
A majority of the Judges of this Court in regular active service has voted for rehearing en
banc of this case. Sixth Circuit Rule 35(b) provides as follows:
No. 21-3400 United States v. McCall Page 2
The effect of the granting of a hearing en banc shall be to vacate the previous
opinion and judgment of this court, to stay the mandate and to restore the case on
the docket sheet as a pending appeal.
Accordingly, it is ORDERED, that the previous decision and judgment of this court are
vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for
oral argument as soon as possible.
ENTERED BY ORDER OF THE COURT
___________________________________
Deborah S. Hunt, Clerk