
    UNITED STATES of America, Appellee, v. David W. SMITH, Appellant.
    Nos. 92-3220, 95-3100.
    United States Court of Appeals, District of Columbia Circuit.
    July 5, 1996.
    Before: EDWARDS, Chief Judge, WALD, SILBERMAN, BUCKLEY, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, and TATEL, Circuit Judges.
   ORDER

PER CURIAM.

Appellee’s Suggestion for Rehearing In Banc and the response thereto have been circulated to the full court. The taking of a vote was requested. Thereafter, a majority of the judges of the court in regular active service did not vote in favor of the suggestion. Upon consideration of the foregoing, it is

ORDERED that the suggestion be denied.  