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U.S. v. FRASER

No. 04-1100.

407 F.3d 9 (2005)

UNITED STATES of America, Appellee, v. Gregory FRASER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 10, 2005.

Attorney(s) appearing for the Case

Thomas J. Connolly on brief for appellant.

F. Mark Terison, Senior Litigation Counsel, and Paula D. Silsby, United States Attorney, on brief of appellee.

Before SELYA, LYNCH and HOWARD, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM.

This case presents the issue of whether the issuance of the United States Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), itself constitutes a reason to recall mandate to permit a defendant to present arguments to this court that his sentence should be vacated and the case remanded for resentencing. We answer that...

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