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COSTO v. UNITED STATES

No. 89-3646.

922 F.2d 302 (1990)

Eugenio J. COSTO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

November 8, 1990.

Attorney(s) appearing for the Case

Eugenio J. Costo, El Reno, Okl., pro se.

Kathleen Brinkman, Asst. U.S. Atty., Office of the U.S. Atty., Cincinnati, Ohio, for respondent-appellee.

Before KENNEDY and JONES, Circuit Judges, and DeMASCIO, Senior District Judge.

ORDER

Pursuant to Fed.R.App.P. 40, the government seeks a rehearing by the decision panel in the above-captioned matter. 904 F.2d 344. The petition is denied for the following reasons.

For the first time in its petition for reconsideration, the government argues that the pro se defendant misrepresented the facts in its appellate brief in order to fit the facts of United States v. Palafox, 764...

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