Third Circuit taking burdens en banc

A helpful reader alerted me to an interesting circuit development: the Third Circuit agreed to rehear en banc its recent Grier decision addressing burdens of proof in federal sentencing.  I discussed Grier at length here and here, and lots of related coverage can be found in links below:

• Burdens of proof and a new due process of sentencing
• More about beyond a reasonable doubt at sentencing
• Further reflections on burdens of proof and acquitted conduct
• Requiring proof beyond a reasonable doubt in any legislative fix
• Seventh Circuit says reliance on acquitted conduct still okay after Booker
• A post-Booker burden of proof primer
• In praise of Okai and its burden of proof insights
• Judge Kopf takes on Judge Bataillon on the burden of proof
• Ninth Circuit adds nuance to post-Booker burdens of proof
• Revised draft of Pondering Modern Sentencing Process