                                                                       PUBLISH

               IN THE UNITED STATES COURT OF APPEALS

                       FOR THE ELEVENTH CIRCUIT
                     ________________________________              FILED
                                                          U.S. COURT OF APPEALS
                          No. 97-6365             ELEVENTH CIRCUIT
               ________________________________         12/03/99
                D.C. Docket Nos. CV 95-8005 & cv THOMAS K. KAHN
                            CR 90-266                    CLERK
DAVID RONALD CHANDLER ,
                                   Petitioner-Appellant,
        versus

UNITED STATES OF AMERICA,
                                   Respondent-Appellee.
_________________________________________________________________

                Appeal from the United States District Court
                    for the Northern District of Alabama
 _________________________________________________________________
                            (December 3, 1999)
         (Opinion October 29, 1999, 193 F.3d 1297, 11th Cir., 1999)

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH,
DUBINA, BLACK, 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.
__________________________
*Judge Ed Carnes has recused himself and will not participate.
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