UNITED STATES v. MOSS (2021)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Terin MOSS, Defendant - Appellant.

No. 17-10473

Decided: July 22, 2021

BEFORE: WILLIAM PRYOR, Chief Judge, WILSON, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, LUCK, LAGOA, BRASHER and ANDERSON, Circuit Judges.

Nancy Greenwood, U.S. Attorney's Office, Augusta, GA, Sonja Ralston, Savannah, GA, U.S. Department of Justice, Criminal Division, Appellate Section, Washington, DC, James D. Durham, Marcela C. Mateo, Scarlett S. Nokes, Brian T. Rafferty, U.S. Attorney's Office, Savannah, GA, R. Brian Tanner, Savage Turner Pinckney & Savage, Savannah, GA, Theodore Stuart Hertzberg, U.S. Attorney's Office, Atlanta, GA, Edward J. Tarver, Enoch Tarver, PC, Augusta, GA, for Plaintiff-Appellee. Lynsey Morris Barron, Miller & Martin, PLLC, Atlanta, GA, Michael B. Kimberly, McDermott Will & Emery, LLP, Washington, DC, for Defendant-Appellant.

As the issues for which this Court granted rehearing en banc in this appeal have been resolved by the Supreme Court's opinion in Borden v. United States, 593 U.S. ––––, 141 S.Ct. 1817, ––– L.Ed.2d ––––, (2021), we hereby VACATE this Court's July 15, 2019, Order granting rehearing en banc, and REINSTATE the panel's opinion previously issued on April 4, 2019.

To the extent this Order may reinstate Appellee's petition for panel rehearing, that petition is referred to the panel for resolution.

BY THE COURT:

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