United States v. Raymond D. Cheely, Jr. Douglas P. Gustafson

Opinion by Judge FLETCHER; Concurrence and Dissent by Judge ALARCON.

ORDER

Although no petition for rehearing was filed, and no request for en banc rehearing was made by the parties, a member of the court requested en banc rehearing of this appeal. The request was put to a vote of all active non-reeused judges. The request did not secure the required majority vote of the active non-recused members of the court.

The panel, of its own motion, called for supplemental briefs on the possible effect of the Supreme Court’s decision in Davis v. United States, — U.S. -, 114 S.Ct. 2350, 129 L.Ed.2d 362…