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U.S. v. GIOVANNETTI

Nos. 89-3651, 89-3678.

928 F.2d 225 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Guy GIOVANNETTI and Nicholas Janis, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

March 21, 1991.

Attorney(s) appearing for the Case

David E. Bindi, Asst. Atty. Gen., Barry R. Elden, and James O'Connell, Asst. U.S. Attys., Office of the U.S. Atty., Criminal Receiving, Appellate Div., Chicago, Ill., for U.S.

Edward M. Genson, Marc W. Martin, Genson, Steinback & Gillespie, Chicago, Ill., for Nicholas Janis.

James A. Graham, Marc W. Martin, Genson, Steinback & Gillespie, Chicago, Ill., for Guy Giovannetti.

Before POSNER, RIPPLE, and MANION, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM.

The government's petition for rehearing (limited of course to our ordering a retrial for Janis, 919 F.2d 1223), raises two issues that require comment, one very briefly: the giving of the ostrich instruction in this case was a legal error, so the abuse of discretion standard did not apply to our review of it. Second is the government...

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