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U.S. v. BLAYLOCK

Nos. 00-11254, 00-11255.

275 F.3d 1030 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lee BLAYLOCK, Jr., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Alexander Petrillo, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 11, 2001.

Attorney(s) appearing for the Case

J. Brice Callaway (Court-Appointed), Callaway & Bradley, Huntsville, AL, for Blaylock.

G. Douglas Jones, Asst. U.S. Atty., Shirley I. McCarthy, Birmingham, AL, Deidra Brown, Huntsville, AL, for Plaintiff-Appellee.

Dan Turberville (Court-Appointed). Birmingham, AL, for Petrillo.

Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and COX, Circuit Judges.

BY THE COURT:

The order granting rehearing en banc in this case was improvidently granted, and the order of August 1, 2001, is hereby VACATED, thus reinstating the panel opinion.

CARNES, Circuit Judge, concurring in which DUBINA, Circuit Judge, joins:

The defendants in this appeal were convicted of possessing precursor chemicals for the manufacture of methamphetamine in violation of 21 U.S.C. § 841(d)(1). At the time this case arose, and until...

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