United States of America v. Terrence Byrd

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 16-1509
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UNITED STATES OF AMERICA
v.
TERRENCE BYRD,
Appellant
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On Appeal from the District Court
for the Middle District of Pennsylvania
(M.D. Pa. Crim. No. 1-14-cr-00321-001)
Honorable William W. Caldwell, U.S. District Judge
____________________________________
On Remand from the Supreme Court of the United States
on June 15, 2018
Submitted on Remand Under Third Circuit L.A.R. 34.1(a)
on June 18, 2018
Before: FISHER1, KRAUSE and MELLOY2, Circuit Judges
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ORDER
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The petition for rehearing filed by Appellant in the above-entitled case having
been submitted to the judges who participated in the decision of this Court, it is hereby
O R D E R E D that the petition for rehearing by the panel is GRANTED. Pursuant to 3d
1 Honorable D. Michael Fisher, United States Circuit Judge for the Third Circuit, assumed senior status on February
1, 2017.
2 Honorable Michael J. Melloy, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit, sitting
by designation.

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Cir. I.O.P. 8.3.1, the panel’s previous non-precedential opinion filed August 8, 2018 is
hereby VACATED. The panel is issuing an opinion and accompanying judgment
contemporaneously with this order.
By the Court,
s/ Cheryl Ann Krause
Circuit Judge
DATED: November 21, 2018
PDB/cc: All Counsel of Record

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