United States of America v. Kenneth R. Douglas

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 15-1754
UNITED STATES OF AMERICA
v.
KENNETH R. DOUGLAS,
Appellant
On Appeal from the United States District Court
for the Western District of Pennsylvania
(District Court No: 2-09-cr-00105-009)
ORDER SUR PETITION
FOR REHEARING EN BANC
Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN,
HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ, KRAUSE, and
RESTREPO, Circuit Judges
A majority of the active judges having voted for rehearing en banc in the above
captioned case, it is ordered that the petition for rehearing is GRANTED. The Court en
banc shall hear oral argument limited to the application of the enhancement for an abuse
of position of trust under U.S.S.G. § 3B1.3. The Clerk of this Court shall list the case for
rehearing en banc on Wednesday October 18, 2017 at a time that is convenient to the
Court. The opinion and judgment entered February 22, 2017, are hereby vacated.

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BY THE COURT,
s/ D. Brooks Smith
Chief Judge
Dated: June 2, 2017
tmm/cc: Rebecca R. Haywood Esq.
Michael L. Ivory, Esq.
Arnold P. Bernard, Jr., Esq.

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