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U.S. v. STINSON

No. 08-1717.

592 F.3d 460 (2010)

UNITED STATES of America v. Melvin STINSON, a/k/a Tank Melvin Stinson, Appellant.

United States Court of Appeals, Third Circuit.

Argued on Panel Rehearing October 8, 2009.

Filed January 14, 2010.

Opinion Filed July 28, 2009.

Vacated September 24, 2009.

Attorney(s) appearing for the Case

Thomas F. Burke, Law Office of William J. Brennan, Philadelphia, PA, for Appellant.

Robert A. Zauzmer (Argued), Assistant United States Attorney, Chief of Appeals, Maria M. Carrillo, Assistant United States Attorney, Philadelphia, PA, for Appellee.

Sarah S. Gannett, Assistant Federal Defender, David L. McColgin (Argued), Supervising Appellate Attorney, Leigh M. Skipper, Chief Federal Defender, Federal Community Defender Office for Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Amici Curiae.

Before: SLOVITER, AMBRO, and JORDAN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This matter is before us on this court's grant of the petition for panel rehearing filed on behalf of Appellant Melvin Stinson supported by Amici Curiae Federal Public and Community Defender Organizations for each District in the Third Circuit. Because our prior opinion was vacated with the order granting rehearing, we include here the relevant facts.

I.

Stinson, who was arrested by local police...

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