
    UNITED STATES of America, Plaintiff-Appellee, v. Robert KOCH, Defendant-Appellant.
    No. 02-6278.
    United States Court of Appeals, Sixth Circuit.
    July 27, 2004.
    Charles P. Wisdom, Jr., Asst. U.S. Attorney, Joseph L. Famularo, U.S. Attorney’s Office, Lexington, KY, Laura K. Voo-rhees, Asst. U.S. Attorney, U.S. Attorney’s Office, Covington, KY, Steven L. Lane, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.
    Jarrod M. Mohler, Robbins, Kelly, Patterson & Tucker, H. Louis Sirkin, Jennifer M. Kinsley, Sirkin, Piñales, Mezibov & Schwartz, Cincinnati, OH, for Defendant Appellant.
    Before: BOGGS, Chief Judge; MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.
   ORDER

A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 35(a) 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 is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

It is further ORDERED that the parties file supplemental briefs not later than Wednesday, August 4, 2004. Reargument is scheduled for Wednesday, August 11, 2004, at 2:00 P.M., EDT.  