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U.S. v. DUNCAN

No. 03-15315.

400 F.3d 1297 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Marco D. DUNCAN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 24, 2005.

Attorney(s) appearing for the Case

Michael Robert Ufferman (Court-Appointed), Michael Ufferman Law Firm, P.A., Robert Augustus Harper, Jr. (Court-Appointed), Tallahassee, FL, for Defendant-Appellant.

Robert G. Davies, Pensacola, FL, E. Bryan Wilson, Tallahassee, FL, for Plaintiff-Appellee.

Before ANDERSON and BIRCH, Circuit Judges, and LAND, District Judge.

ANDERSON, Circuit Judge:

The panel's opinion in this case issued on August 18, 2004, and was published in 381 F.3d 1070 (11th Cir.2004). A petition for rehearing en banc was filed. We construe it also as a petition for rehearing by the original panel. We now grant panel rehearing, vacate the previous opinion published in 381 F.3d 1070, and substitute in its stead the instant opinion. In this opinion...

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