PUBLISH

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff - Appellant,
v.	No. 94-6377
CYNTHIA M. STONER,
Defendant - Appellee

ORDER

Filed April 7, 1998

Before SEYMOUR, Chief Judge and PORFILIO, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO and MURPHY, Circuit Judges.

PER CURIAM

We granted rehearing en banc in this case on the question:

For statute of limitations purposes, must an indictment charging a conspiracy under 18 U.S.C. § 371 allege at least one specific overt act occurring within the limitations period established by 18 U.S.C. § 3282?

Because we are evenly divided, we affirm the district court's judgment on this issue. That portion of the panel opinion which addressed this issue and which is found at II.B. of

the opinion, United States v. Stoner, 98 F.3d 527, 531-538 (10th Cir. 1996), is without

precedent. Ohio ex rel. Eaton v. Price, 364 U.S. 263, 263-264, 80 S.Ct. 1463, 4 L.Ed.2d 1708 (1960); United States v. Rivera, 874 F.2d 754 (10th Cir. 1989). The panel opinion is otherwise undisturbed.

The judgment of the district court is AFFIRMED.