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U.S. v. ASKARI

No. 95-1662.

159 F.3d 774 (1998)

UNITED STATES of America v. Muhammad ASKARI, Appellant.

United States Court of Appeals, Third Circuit.

Argued October 29, 1997.

Decided April 8, 1998.

Submitted SUR Petition for Reconsideration of Opinion October 5, 1998.

As Amended November 5, 1998.

Attorney(s) appearing for the Case

David L. McColgin, Robert Epstein, Defender Association of Philadelphia, Federal Court Division, Philadelphia, Pennsylvania, for Appellant.

Stephen J. Britt, Office of United States Attorney, Philadelphia, Pennsylvania, for Appellee.

Before: BECKER, Chief Judge, SLOVITER, STAPLETON, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, LEWIS, McKEE, GARTH and COWEN, Circuit Judges.

Submitted Pursuant to Third Circuit LAR 34.1(a) November 6, 1996.

Argued En Banc October 29, 1997.

Submitted SUR Petition for Reconsideration of En Banc Opinion Pursuant to Third Circuit LAR 34.1(a) October 5, 1998.

OPINION OF THE COURT SUR PETITION FOR RECONSIDERATION OF EN BANC OPINION

BECKER, Chief Judge.

This opinion is prompted by an unusual concatenation of circumstances: (1) the United States Sentencing Commission adopted an...

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