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U.S. v. BERRYHILL

No. 88-1699.

880 F.2d 275 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy BERRYHILL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 31, 1989.

Attorney(s) appearing for the Case

Paul G. Hess, Asst. U.S. Atty. (Roger Hilfiger, U.S. Atty. with him, on the brief), Muskogee, Okl., for plaintiff-appellee.

Stephen J. Greubel, Asst. Federal Public Defender, Tulsa, Okl., for defendant-appellant.

Before SEYMOUR, BARRETT and BRORBY, Circuit Judges.

OPINION ON REHEARING

BARRETT, Senior Circuit Judge.

Upon consideration of the petition for rehearing of plaintiff-appellee United States of America requesting that the court revise its opinion with regard to our remand to the district court to correct its reliance on a repealed statute, the petition is granted. The United States argues that our remand in United States v. Berryhill, 872 F.2d 949 (10th Cir.1989), authored by Barrett, Senior Circuit...

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