                   Case: 10-10676              Date Filed: 03/07/2014   Page: 1 of 1


                           IN THE UNITED STATES COURT OF APPEALS

                                     FOR THE ELEVENTH CIRCUIT
                                       ________________________

                                             No. 10-10676
                                      ________________________
                                (D.C. Docket No. 3:08-00914-VMC-MCR)

KEVIN SPENCER,

lllllllllllllllllllllPetitioner - Appellant,

versus

UNITED STATES OF AMERICA,

lllllllllllllllllllllRespondent - Appellee.
                                      ________________________

                             Appeal from the United States District Court
                                  for the Middle District of Florida
                                    ________________________
                       (Opinion August 15, 2013, 727 F.3d 1076, 11th Cir. 2013)

                                                 (March 7, 2014)

ON PETITION(S) FOR REHEARING AND PETITION(S) FOR REHEARING EN BANC

BEFORE: CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, PRYOR,
MARTIN and JORDAN, Circuit Judges.*

BY THE COURT:

         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.
___________________________
*Senior United States Circuit Judge Phyllis A. Kravitch has elected not to participate in the en
banc proceedings in this matter. See 28 U.S.C. § 46(c).
