UNITED STATES EX REL BOOKWALTER III v. III (2019)

SUR PETITION FOR REHEARING

The petition for rehearing filed by Appellees in the above-captioned case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, it is hereby ORDERED that the petition for rehearing is GRANTED IN PART. A majority of the judges who participated in the decision of the Court having voted for rehearing, the petition for rehearing by the panel is GRANTED. The opinion and judgment filed September 17, 2019, are hereby VACATED. A subsequent opinion and judgment are herewith issued.

The majority has made changes to the language that appeared at pages 3–4, 6, 11, 15, 27–30, 32–33, 35–37, and 39–40 of the original opinion. Most of the material that appeared at pages 18–25 of the original opinion has been deleted. Judge AMBRO’s opinion concur-ring in the judgment has been withdrawn.

A majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the Court en banc is DENIED.

Stephanos Bibas, Circuit Judge