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U.S. v. McCULLAH

No. 93-7118.

87 F.3d 1136 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. John Javilo McCULLAH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 26, 1996.

Attorney(s) appearing for the Case

Gary Peterson, Oklahoma City, Oklahoma (Stephen J. Greubel and Stephen J. Knorr of the Office of the Federal Public Defender, Tulsa, Oklahoma, with him on the brief), for Defendant-Appellant.

Robert J. Erickson, Department of Justice, Washington, DC (John Raley, United States Attorney, Sheldon J. Sperling and Paul G. Hess, Assistant United States Attorneys, Muskogee, Oklahoma, with him on the brief), for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, ANDERSON and KELLY, Circuit Judges.

ORDER

PAUL KELLY, Jr., Circuit Judge.

This matter comes on for consideration of Defendant McCullah's petition for rehearing and the government's petition for rehearing with en banc suggestion in United States v. McCullah, 76 F.3d 1087 (10th Cir.1996). Relying upon Lowenfield v. Phelps, 484 U.S. 231, 108 S.Ct. 546, 98 L.Ed.2d 568 (1988) and United States v. Flores,

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