UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, CROSS-APPELLEE,
v.
MANUEL W. JAMES, DEFENDANT-APPELLEE, CROSS-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, CROSS-APPELLEE,
MANUEL W. JAMES, DEFENDANT-APPELLEE, CROSS-APPELLANT
764 F.2d 1380
Court of Appeals for the Eleventh Circuit (1985)
Opinion of the Court
PER CURIAM:
The petition for rehearing filed by the United States, plaintiff-appellant is GRANTED. The opinion of the panel filed January 2, 1985, 749 F. 2d 676, is hereby VACATED and WITHDRAWN in its entirety.
The judgment of the district court is AFFIRMED on the basis of the opinion of the district court entered October 8, 1982.
No member of this panel nor judge in regular active service on the Court has requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 26). The Suggestion for Rehearing En Banc is DENIED.