PUBLISH

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SONYA EVETTE SINGLETON,

Defendant - Appellant.

No. 97-3178

ORDER
Filed July 10, 1998

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

Judges.*

Acting on its own motion pursuant to Fed. R. App. P. 35(a), the court orders that this appeal be reheard by the court en banc. Pending the determination by the en banc court, the opinion of the panel entered on July 1, 1998, is vacated in accordance with 10th Cir. R. 35.6. The appeal will be set for oral argument during the November session of court to be held in Denver, Colorado, on November 16-20, 1998.

On or before August 10, 1998, parties shall file simultaneous supplemental briefs not to exceed twenty pages. In addition to any other arguments pertinent to the case, they shall address whether any opinion reversing the district court would have prospective or retrospective application.

The mandate is stayed.

Entered for the Court

PATRICK FISHER, Clerk of Court