USA v. Kenneth Dougla

Filing

ORDER (Coram: 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, 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. Section 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, filed. Authoring Judge: Smith.--[Edited 06/02/2017 by TMM]--[Edited 06/02/2017 by TMM]

Case: 15-1754

Document: 003112640906

Page: 1

Date Filed: 06/02/2017

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.

Case: 15-1754

Document: 003112640906

Page: 2

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.

Date Filed: 06/02/2017