PUBLISH

               IN THE UNITED STATES COURT OF APPEALS

                       FOR THE ELEVENTH CIRCUIT
                     ________________________________              FILED
                                                          U.S. COURT OF APPEALS
                          No. 97-6365             ELEVENTH CIRCUIT
               ________________________________         12/03/99
                D.C. Docket Nos. CV 95-8005 & cv THOMAS K. KAHN
                            CR 90-266                    CLERK
DAVID RONALD CHANDLER ,
                                   Petitioner-Appellant,
        versus

UNITED STATES OF AMERICA,
                                   Respondent-Appellee.
_________________________________________________________________

                Appeal from the United States District Court
                    for the Northern District of Alabama
 _________________________________________________________________
                            (December 3, 1999)
         (Opinion October 29, 1999, 

, 11th Cir., 1999)

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH,
DUBINA, BLACK, BARKETT, HULL, MARCUS and WILSON, Circuit Judges*.

BY THE COURT:

             A member of this court in active service having requested a poll on the
suggestion of rehearing en banc and a majority of the judges in this court in active
service having voted in favor of granting a rehearing en banc,

            IT IS ORDERED that the above cause shall be reheard by this court en
banc. The previous panel's opinion is hereby VACATED.
__________________________
*Judge Ed Carnes has recused himself and will not participate.
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