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U.S. v. BEJARANO

No. 97-5580, Non-Argument Calendar

249 F.3d 1304 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Efren Gonzalez Bejarano, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 3, 2001

Attorney(s) appearing for the Case

Nathan Dorlan Clark (Appointed by District Court), Coral Reef Law Offices, P.A., Palmetto Bay, FL, for Defendant-Appellant.

Thomas Anthony O'Malley, Fort Lauderdale, FL, Harriett R. Galvin, Anne R. Schultz, Carol E. Herman, Miami, FL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, and WILSON and COX, Circuit Judges.

PER CURIAM:

The United States's Petition for Rehearing is GRANTED. The opinion issued in this case on January 8, 2001, is vacated and withdrawn, and this opinion is substituted in lieu thereof. Another panel of this Court, United States v. Roberts, 244 F.3d 141, No. 00-10983 (11th Cir. Dec.13, 2000) (unpub.), addressed this precise issue raised by Bejarano in this appeal and rejected Bejarano's argument. We conclude that the instant case is indistinguishable...

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