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U.S. v. TOMASINO

No. 99-2796.

230 F.3d 1034 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Michael J. TOMASINO, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 26, 2000

Attorney(s) appearing for the Case

Sean M. Berkowitz, Office of the United States Attorney, Criminal Appellate Division, Chicago, IL, for Plaintiff-Appellant.

Sergio F. Rodriguez, Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellee.

Before POSNER, EASTERBROOK, and RIPPLE, Circuit Judges.

On Petition for Rehearing and Rehearing En Banc

PER CURIAM.

Our opinion in this case, 206 F.3d 739 (7th Cir.2000), concludes that because the 1991 amendment to U.S.S.G. § 2F1.1(b) may have reflected confusion by the Sentencing Commission about the extent of its discretion, Tomasino's sentence may not be enhanced under that guideline. The penultimate paragraph of our opinion...

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