United States of America v. Tyren L. Cervenak

RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 24a0171p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
TYREN L. CERVENAK,
Defendant-Appellant.
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No. 23-3466
On Petition for Rehearing En Banc
United States District Court for the Northern District of Ohio at Cleveland.
No. 1:22-cr-00204-1—John R. Adams, District Judge.
Decided and Filed: August 9, 2024
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN,
READLER, MURPHY, DAVIS, MATHIS, and BLOOMEKATZ, Circuit Judges.
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COUNSEL
ON PETITION FOR REHEARING EN BANC: Catherine Adinaro Shusky, OFFICE OF THE
FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant. ON RESPONSE: Jason
Manion, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.
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ORDER
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A majority of the Judges of this Court in regular active service has voted for rehearing en banc
of this case. Sixth Circuit Rule 35(b) provides as follows:
A decision to grant rehearing en banc vacates the previous opinion and judgment
of the court, stays the mandate, and restores the case on the docket as a pending
appeal.
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No. 23-3466 United States v. Cervenak Page 2
Accordingly, it is ORDERED that the previous decision and judgment of this court are vacated,
the mandate is stayed, and this case is restored to the docket as a pending appeal.
ENTERED BY ORDER OF THE COURT
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Kelly L. Stephens, Clerk

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