
    UNITED STATES of America, Plaintiff-Appellee, v. Harry Leon SMITH, III, Defendant-Appellant.
    No. 95-8120.
    United States Court of Appeals, Eleventh Circuit.
    April 24, 1997.
    Mildred Geekler, Federal Defender Program, Atlanta, GA, for Defendant-Appellant.
    Richard M. Langway, Office of U.S. Attorney, Northern Dist. of GA, Atlanta, GA, for Plaintiff-Appellee.
    Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.
    
    
      
       Senior U.S. Circuit Judge James C. Hill may ' participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
    
   BY THE COURT:

A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en bane, and a majority of the judges in this court in active service having voted in favor of granting a rehearing en bane,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.  