U.S. v. Ballinger, No. 01-14872.
| Decision Date | 12 May 2004 |
| Docket Number | No. 01-14872.,No. 01-15080. |
| Citation | 369 F.3d 1238 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Jay Scott BALLINGER, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Paul S. Kish, Fed. Pub. Def., Atlanta, GA, for Defendant-Appellant.
Amy Levin Weil, Atlanta, GA, Christopher A. Wray, U.S. Atty., Office of Dept. Atty. Gen., Washington, DC, for Plaintiff-Appellee.
Appeals from the United States District Court for the Northern District of Georgia (Nos. 99-00026-CR-01-2, 01-00032-CR-01-2-WCO); William C. O'Kelley, Judge.
(Opinion Nov. 21, 2002, 312 F.3d 1264, 11th Cir.2002)
Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.*
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 causes shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
* Honorable James C. Hill has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
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U.S. v. Ballinger
...Cir.2002). On May 12, 2004, this Court vacated the panel opinion and directed that the case be heard en banc. United States v. Ballinger, 369 F.3d 1238 (11th Cir.2004) (en banc). B. The parties to this case stipulated to the following essential facts1 as part of negotiated plea agreement. B......
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U.S. v. Maxwell
...affects' interstate commerce."); United States v. Ballinger, 312 F.3d 1264, 1270 (11th Cir. 2002), vacated by 369 F.3d 1238 (11th Cir. 2004) (awaiting rehearing en banc) ("Whereas Congress may regulate any instrumentality or channel of interstate commerce, the Constitution permits Congress ......