UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: June 27, 1995.
UNITED STATES OF AMERICA
JUAN MELENDEZ, APPELLANT
Before: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Roth, Lewis, and McKEE, Circuit Judges, and Huyett, District Judge*fn*
SUR PETITION FOR REHEARING
The petition for rehearing filed by appellant in the above-entitled 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, and no Judge who concurred in the decision having asked for rehearing, and a majority of the circuit Judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.
Judge Becker, Hutchinson, Scirica, Nygaard, Roth, and McKee would grant rehearing.
By the Court,
Walter K. Stapleton
Dated: JUN 27 1995