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U.S. v. CUNNINGHAM

Nos. 02-1785, 02-1674.

359 F.3d 627 (2004)

UNITED STATES of America, Appellee, v. Winston CUNNINGHAM, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Entered March 2, 2004.

Attorney(s) appearing for the Case

Nelson J. Perez-Sosa, Sonia I. Torres-Pabon, U.S. Attorney's Office, Miguel A. Fernandez-Torres, Assistant U.S. Attorney's Office, Warren Vazquez, U.S. Attorney's Office District of P.R., Jorge Vega Pacheco, U.S. Attorney's Office, San Juan, PR, for Appellee.

Marcia J. Silvers, Dunlap & Silvers, Miami, FL, for Defendant-Appellant.

ORDER

The government has moved for clarification as to whether the vacating of the conviction of Winston Cunningham, United States v. Casas et al., 356 F.3d 104, 123-24, 2004 U.S.App. LEXIS 763, at *67 (1st Cir.2004), results in entry of a judgment of acquittal of Cunningham or whether the government is free to retry Cunningham. The defendant has replied only that this court has no power even to clarify the earlier opinion...

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