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U.S. v. MORGAN

No. 99-2798.

244 F.3d 674 (2001)

United States of America, Appellee, v. Mark A. Morgan, Appellant.

United States Court of Appeals, Eighth Circuit.

March 19, 2001.

Attorney(s) appearing for the Case

John P. Elwood, Washington, DC, for appellant.

Paul S. Becker, Asst. U.S. Atty., Kansas City, MO, for appellee.

BEFORE Wollman, Chief Judge, McMillian, Richard S. Arnold, Bowman, Beam, Loken, Hansen, Morris Sheppard Arnold, Murphy, and Bye, Circuit Judges, En Banc.

The petition for rehearing by the panel is denied. The petition for rehearing en banc is also denied. The court notes in denying rehearing en banc that the panel decisions in this case and in DeRoo v. United States, 223 F.3d 919, 923 (8th Cir. 2000), should not be read as foreclosing the right of an Eighth Circuit hearing panel to exercise its discretion to consider sua sponte issues...

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