U.S. v. Svete, No. 05-13809.

Decision Date01 July 2008
Docket NumberNo. 05-13809.
PartiesUNITED STATES of America, Plaintiff-Appellee, v. David W. SVETE, Ron Girardot, Defendants-Appellants.
CourtU.S. Court of Appeals — Eleventh Circuit

Appeal from the United States District Court for the Northern District of Florida (No. 04-00010-CR-E-001-MCR); M. Casey Rodgers, Judge.

(Opinion March 26, 2008, 521 F.3d 1302, 11th Cir.2008).

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, 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 to participate in further proceedings in this matter pursuant to 28 U.S.C. 46(c).

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    ...and ordered a new trial as to the counts of mail fraud. United States v. Svete, 521 F.3d 1302, 1310-11 (11th Cir.2008), vacated, 532 F.3d 1133 (11th Cir.2008). We granted rehearing en banc to determine whether to overrule our decision in Brown. Because Brown is inconsistent with both the pl......
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