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U.S. v. BRENNAN

Docket No. 03-1367.

406 F.3d 113 (2005)

UNITED STATES of America, Appellee, v. Robert E. BRENNAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 26, 2005.

Attorney(s) appearing for the Case

Edward S. Zas, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, New York, for Defendant-Appellant.

Brian D. Coad, Assistant United States Attorney (David N. Kelley, United States Attorney, Peter G. Neiman, Assistant United States Attorney, on the brief), New York, New York, for Appellee.

Before: WINTER, STRAUB, and LAY, Circuit Judges.

RALPH K. WINTER, Circuit Judge.

Appellant Robert E. Brennan petitions for a rehearing before this panel to reconsider its decision in United States v. Brennan, 395 F.3d 59 (2d Cir.2005). Familiarity with this decision is assumed. Appellant argues in his petition for rehearing that, inter alia: (i) the panel's decision conflicts with United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005);...

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