ON PETITION FOR REHEARING
STEPHEN H. ANDERSON, Circuit Judge.
This case is before us on rehearing to consider the application of two decisions by the United States Supreme Court, McCarthy v. Bronson, ___ U.S. ___, 111 S.Ct. 1737, 114 L.Ed.2d 194 (1991), and Peretz v. United States, ___ U.S. ___, 111 S.Ct. 2661, 115 L.Ed.2d 808 (1991), issued since the previous opinion by the panel in this case. Clark v. Poulton,
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