Court of Appeals for the Fourth Circuit September 15, 2003, 01-22 (United States v. Donald Lee Ferebe)

*438NIEMEYER, Circuit Judge,

in explanation of not requesting a poll on the petition for rehearing en banc:

The issue presented in this case— whether 18 U.S.C. § 3593(a) creates an immediately appealable substantive right not to stand trial in a capital case — is an important one that already is changing pretrial proceedings in capital cases in a significant way. See, e.g., United States v.