United States v. Tomblin

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion December 30, 5th Cir., 1994, 42 F.3d 263)

Before REYNALDO G. GARZA, WIENER and EMILIO M. GARZA, Circuit Judges. EMILIO M. GARZA, Circuit Judge:

Tomblin’s Petition for Rehearing by Panel is DENIED; and no member of this panel nor judge in active service on the Court having requested that the Court be polled on rehearing en banc, the Suggestion for Rehearing En Banc is also DENIED. However, we withdraw our prior opinion, United States v. Tomblin, 42 F.3d 263 (6th Cir.1994), and substitute the following:

Darrell A. Tomblin was…