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UNITED STATES v. BRYSER

No. 1587, Docket 95-1571.

100 F.3d 14 (1996)

UNITED STATES of America, Appellee, v. Ronnie BRYSER and Vincent DeGerolamo, Defendants, Gerald DeGerolamo, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 12, 1996.

Attorney(s) appearing for the Case

Richard D. Willstatter, Green & Willstatter, White Plains, NY, for Defendant-Appellant.

Mary Jo White, United States Attorney, Southern District of New York, New York City, John M. McEnany, Anthony J. Siano, Assistant United States Attorneys, White Plains, NY, for Appellee.

Before: KEARSE, WINTER and CALABRESI, Circuit Judges.

ON PETITION FOR REHEARING

On petition for rehearing, we hold that our decision does not conflict with the holding in United States v. Oliveras, 905 F.2d 623 (2d Cir.1990).

The petition for rehearing is denied.

WINTER, Circuit Judge:

After the denial of rehearing by the panel and in response to DeGerolamo's suggestion for rehearing in banc, the matter was referred back to the panel to address the argument...

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