U.S. v. HOLCOMB

Nos. 11-1558, 11-1559, 11-1586, 11-1758.

657 F.3d 445 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher HOLCOMB, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

August 24, 2011.


Attorney(s) appearing for the Case

Joseph H. Hartzler , Attorney, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellant in No. 11-1558.

Timothy A. Bass , Joseph H. Hartzler , Attorneys, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellant in Nos. 11-1559 and 11-1758.

Jason M. Bohm , Joseph H. Hartzler , Attorneys, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellant in No. 11-1586.

Daniel T. Hansmeier , Thomas G. Wilmouth , Attorneys, Office of the Federal Public Defender, Springfield, IL, for Defendants-Appellees in Nos. 11-1558 and 11-1559.

Jerry Boykin , Attorney, Law Office of Jerry Boykin, Atlanta, GA, for Defendant-Appellee in No. 11-1586.

J. Randall Cox , Attorney, Feldman, Wasser, Draper & Benson, Springfield, IL, for Defendant-Appellee in No. 11-1758.

A member of this court called for a vote on the question whether these four appeals should be heard en banc on the court's own initiative. A majority of the active judges did not vote in favor of rehearing en banc, and the proposal therefore fails. Petitions for rehearing or rehearing en banc will not be accepted; this decision is the court's final judgment. Three members of the court have written opinions explaining their votes.


EASTERBROOK, Chief Judge, with whom FLAUM, KANNE, SYKES, and TINDER, Circuit Judges, join.

These four appeals were filed by the United States with the Solicitor General's authorization. Eight days after the United States prevailed, the prosecutor filed a document styled "Notice of Changed Position" announcing that the Attorney General disagrees with this court (and apparently with the Solicitor General too). The "Notice of Changed Position" does not ask us to do anything...

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