Filed: Oct. 19, 1988
Latest Update: Feb. 22, 2020
Summary: 859 F.2d 1200 UNITED STATES of America, Plaintiff-Appellee, v. Carlton J. SMITH, Defendant-Appellant. No. 87-5683. United States Court of Appeals, Fourth Circuit. Oct. 19, 1988. 1 On Petition for Rehearing with Suggestion for Rehearing In Banc. 2 Prior Report: 851 F.2d 706 (4th Cir.). ORDER 3 The appellee's petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judges Russell, Widener, Chapman, Wilkinson and Wilkins voted to re
Summary: 859 F.2d 1200 UNITED STATES of America, Plaintiff-Appellee, v. Carlton J. SMITH, Defendant-Appellant. No. 87-5683. United States Court of Appeals, Fourth Circuit. Oct. 19, 1988. 1 On Petition for Rehearing with Suggestion for Rehearing In Banc. 2 Prior Report: 851 F.2d 706 (4th Cir.). ORDER 3 The appellee's petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judges Russell, Widener, Chapman, Wilkinson and Wilkins voted to reh..
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859 F.2d 1200
UNITED STATES of America, Plaintiff-Appellee,
v.
Carlton J. SMITH, Defendant-Appellant.
No. 87-5683.
United States Court of Appeals,
Fourth Circuit.
Oct. 19, 1988.
1
On Petition for Rehearing with Suggestion for Rehearing In Banc.
ORDER
3
The appellee's petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judges Russell, Widener, Chapman, Wilkinson and Wilkins voted to rehear the case in banc; and Judges Winter, Hall, Phillips, Murnaghan, Sprouse and Ervin voted against rehearing the case in banc. As a majority of the judges voted to deny rehearing in banc, and
4
As the panel considered the petition for rehearing and is of the opinion that it should be denied,
5
IT IS ADJUDGED AND ORDERED that the petition for rehearing and suggestion for rehearing in banc are denied.
6
Entered at the direction of Judge Winter, with the concurrence of Judge Spencer, United States District Judge, sitting by designation. Judge Chapman dissents.
