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U.S. v. PALEO

No. 90-1774.

9 F.3d 988 (1992)

UNITED STATES, Appellant, v. Robert P. PALEO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

September 14, 1992.

Attorney(s) appearing for the Case

Mark G. Miliotis, by appointment of the Court, with whom Miliotis & McQuade, Boston, MA, was on brief for defendant-appellee.

Carole S. Schwartz, Sp. Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, MA, was on brief for appellant.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

ORDER OF COURT

The Memorandum and Order of August 18, 1992 is hereby withdrawn. The following Memorandum and Order is issued in lieu thereof.

MEMORANDUM AND ORDER

The Government, in two separate rehearing petitions, asks us to reconsider our decision permitting an offender, during sentencing proceedings, to attack collaterally (with suggested limitations and qualifications) the constitutionality of predicate offenses used potentially...

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