United States v. McCall

• Decision Date: 01 April 2022
• Docket Number: No. 21-3400,21-3400
• Citation: 29 F.4th 816 (Mem)
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. David E. MCCALL, Jr., Defendant-Appellant.
• Court: U.S. Court of Appeals — Sixth Circuit

29 F.4th 816 (Mem)

UNITED STATES of America, Plaintiff-Appellee,

v.David E. MCCALL, Jr., Defendant-Appellant.

No. 21-3400

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 1, 2022

ON PETITION FOR REHEARING EN BANC: Rebecca Chattin Lutzko, Matthew B. Kall, UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON RESPONSE: Vanessa Malone, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Akron, Ohio, for Appellant.

Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, Circuit Judges.

ORDER

On Petition for Rehearing En Banc.

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.