Ovalles v. United States, 889 F.3d 1259 (2018)

May 15, 2018 · United States Court of Appeals for the Eleventh Circuit · No. 17-10172

889 F.3d 1259

Irma OVALLES, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee.

No. 17-10172

United States Court of Appeals, Eleventh Circuit.

Date Filed: May 15, 2018

W. Matthew Dodge, Stephanie A. Kearns, Federal Defender Program, Inc., Atlanta, GA, Petitioner-Appellant.

Kim S. Dammers, John Andrew Horn, Erin Sanders, Lawrence R. Sommerfeld, U.S. Attorney's Office, Atlanta, GA, Respondent-Appellee.

Before ED CARNES, Chief Judge, TJOFLAT, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, and BRANCH, Circuit Judges.^*

* Judge Julie Carnes did not participate in the decision to rehear this case en banc and will not participate in the rehearing of it. Judge Frank Hull took senior status on December 31, 2017, and as a result did not participate in the decision to rehear this case en banc. As a member of the panel that originally issued a decision in this case, however, Judge Hull has elected to participate in the rehearing of it. See 28 U.S.C. § 46(c).

BY THE COURT:

A majority of judges in active service having decided to rehear this case en banc, it is ORDERED that this case will be reheard en banc. The panel's opinion is VACATED.