United States v. Holcomb

A member of this court called for a vote on the question whether these four appeals should be heard en banc on the court’s own initiative. A majority of the active judges did not vote in favor of rehearing en banc, and the proposal therefore fails. Petitions for rehearing or rehearing en banc will not be accepted; this decision is the court’s final judgment. Three members of the court have written opinions explaining their votes.

EASTERBROOK, Chief Judge, with whom FLAUM, KANNE, SYKES, and TINDER, Circuit Judges, join.

These four appeals were filed by the United States with the Solicitor…