James Allen Gregg v. United States

ORDER

The petition for rehearing by the panel, filed by Appellant James Allen Gregg, is granted. The petition for en banc rehearing is denied as moot.

The mandate is recalled. The opinion and judgment of 3/16/12 [674 F.3d 829] are vacated.

ON REHEARING

SMITH, Circuit Judge.

In January 2005, a jury convicted James Allen Gregg of second degree murder, in violation of 18 U.S.C. §§ 1152 and 1111, and use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). On appeal, Gregg argues that the district court1 erred in denying his habeas petition for a new trial due to ineffective…