Court of Appeals for the Second Circuit February 9, 2016, No. 14-2428 (United States v. Bert)

lead-opinion

ORDER

Following disposition of this appeal, an active judge of the Court requested a poll on whether to rehear the case en banc. A poll having been conducted and there being no majority favoring en banc review, rehearing en banc is hereby DENIED, with opinions to follow.

dissent

DENNIS JACOBS, Circuit Judge,

joined by JOSÉ A.