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UNITED STATES v. NIGRO

No. 81-5535.

727 F.2d 100 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Robert NIGRO, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1984.

Attorney(s) appearing for the Case

George V. Denny, III, argued, Sherman Oaks, Cal., for defendant-appellant.

W. Hickman Ewing, Jr., U.S. Atty., Devon L. Gosnell, Asst. U.S. Atty., argued, Memphis, Tenn., for plaintiff-appellee.

Before LIVELY, Chief Judge, and EDWARDS, ENGEL, KEITH, MERRITT, KENNEDY, MARTIN, JONES, CONTIE and KRUPANSKY, Circuit Judges.

LIVELY, Chief Judge, delivering the opinion for the Court.

A divided panel of this court reversed Nigro's conviction on four counts of drug-related offenses and one count of unlawfully carrying firearms during the commission of a felony. The government filed a petition for rehearing, with a suggestion that the case be reheard en banc. Rules 40 and 35, F.R.A.P. This court granted the petition for rehearing and directed that the case be reheard en banc.

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