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U.S. v. SABINO

Nos. 99-3745, 99-3785, 99-3786, 99-3863.

307 F.3d 446 (2002)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Joe SABINO; Daniel K. Stewart, Donna G. Stewart, Defendants-Appellants/Cross- Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 16, 2002.

Attorney(s) appearing for the Case

Robert E. Lindsay, Alan Hechtkopf, Gregory V. Davis, U.S. Dept. of Justice, Appellate Section Tax Division, Washington, DC, for plaintiff-appellee United States.

Joe Sabino, pro se, Columbiana, OH, Richard John Donovan, Richard J. Donovan & Associates, Columbus, OH, for defendant-appellant Joe Sabino.

Charles E. McFarland, Campsbellsburg, KY, for defendants-appellants Daniel and Donna Stewart.

Before DAUGHTREY and GILMAN, Circuit Judges; COHN, Senior District Judge.

AMENDED OPINION

DAUGHTREY, Circuit Judge.

As cross-appellant, the government has filed a petition requesting a rehearing by the original panel in this case on the issue presented in Section II.G.3 of the opinion released on December 19, 2001. See United States v. Sabino, 274 F.3d 1053, 1076-77 (6th Cir.2001). Specifically, the government argues that we erred in affirming the district court's decision not to apply...

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