En banc rehearing granted on Alleyne harmlessness

The Third Circuit today granted en banc rehearing in US v. Jermel Lewis, a September split-panel decision in which the majority held that failure to submit to a jury facts increasing a mandatory-minimum sentence was harmless error. Fisher wrote the panel majority opinion, joined by Chagares, and Rendell wrote the panel dissent. Rehearing is set for February 19.

Today’s order granting rehearing is here; the now-vacated panel opinion is here; my blog post on the panel opinion is here.