836 F.

2d 1291

UNITED STATES of America, Plaintiff-Appellant,

v.
Sylvester ANDREWS, Defendant-Appellee.
No. 87-3109.

United States Court of Appeals,

Eleventh Circuit.
Jan. 13, 1988.

Thomas E. Morris, Asst. U.S. Atty., Ernst D. Mueller, Asst. U.S. Atty.,
Jacksonville, Fla., Patty Merkamp Stemler, U.S. Dept. of Justice,
Appellate Section/Crim. Div., Washington, D.C., for plaintiff-appellant.
Rosemary T. Cakmis, Federal Public Defender, Jacksonville, Fla., for
defendant-appellee.
Appeal from the United States District Court for the Middle District of
Florida; Howell W. Melton, Judge.ON PETITION FOR REHEARING
AND SUGGESTION FOR REHEARING IN BANC
(Opinion October 27, 1987, 11th Cir., 1987, 833 F.2d 1019)
Before RONEY, Chief Judge, and TJOFLAT, HILL, FAY, VANCE,
KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and
EDMONDSON, Circuit Judges.

BY THE COURT:
1

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

application for rehearing in banc and a majority of the judges of this court in
active service having voted in favor of granting a rehearing in banc,

IT IS ORDERED that the above cause shall be reheard by this court in banc
with oral argument during the week of February 22, 1988, on or hereafter to be
fixed. The clerk will specify a briefing schedule for the filing of in banc briefs.
The previous panel's opinion is hereby VACATED.