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U.S. v. COUNCILMAN

No. 03-1383.

385 F.3d 793 (2004)

UNITED STATES of America, Appellant, v. Bradford C. COUNCILMAN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Entered: October 5, 2004.

Attorney(s) appearing for the Case

Dina Michael Chaitowitz, Michael J. Sullivan, U.S. Attorney, Boston, MA, for Appellant.

Gary S. Katzmann, Paul Getz Levenson, Andrew Good, Silverglate & Good, Boston, MA, Richard P. Salgado, Washington, DC, for Defendant-Appellee.

Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, TORRUELLA, SELYA, LYNCH, LIPEZ and HOWARD, Circuit Judges.

Order of Court

PER CURIAM.

A majority of the judges of this court in active service have voted to rehear this matter en banc. Thus, the petition for rehearing en banc is granted, and the petition for panel rehearing is denied as moot. In accordance with customary practice, the panel opinion and dissent released on June 29, 2004 are withdrawn, and the judgment entered June 29, 2004 is vacated.

The parties shall simultaneously submit within 30 days...

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