March 24, 2009
LARRY A. GAUSE, APPELLANT,
KARLEPA WILKEY, APPELLANT,
UNITED STATES, APPELLEE.
Nos. FEL3701-05 & FEL3694-05.
BEFORE: Washington, Chief Judge; Ruiz, Reid, Glickman, Kramer, Fisher,*fn1 Blackburne-Rigsby,*fn2 Thompson,*fn3 and Oberly, Associate Judges; Schwelb*fn4 and Farrell,*fn5 Senior Judges.
On consideration of appellants' petitions for rehearing or rehearing en banc, and the opposition thereto, it is
ORDERED by the merits division* that the petitions for rehearing are denied; and it appearing that the majority of the judges of this court has voted to grant the petitions for rehearing en banc, it is
FURTHER ORDERED that appellants' petitions for rehearing en banc are granted solely with respect to the issue of inspection of jury records, and that the opinion and judgment of October 30, 2008 , are hereby vacated. It is
FURTHER ORDERED that the Clerk shall schedule this matter for argument before the court sitting en banc as soon as the calendar permits. It is
FURTHER ORDERED that the parties shall simultaneously file new briefs on or before April 23, 2009, and shall file responsive briefs no later than May 13, 2009. Each party shall file ten copies of its briefs. These new briefs shall be specifically designed for consideration by and addressed to the en banc court and shall supersede all briefs previously filed in these appeals. It is
FURTHER ORDERED that any requests for extension of time will be looked upon with disfavor and will be granted only upon a showing of good cause.