No. 03-2854.

394 F.3d 172 (2005)

UNITED STATES of America, Appellant v. Fred E. COOPER.

United States Court of Appeals, Third Circuit.

Decided January 5, 2005.

Attorney(s) appearing for the Case

Bonnie R. Schlueter, Mary Beth Buchanan, Christine A. Sanner (Argued), Office of United States Attorney, Pittsburgh, PA, for Appellant.

William F. Boyer (Argued), Sharp and Associates, Washington, DC, for Appellee.

Before: SLOVITER and NYGAARD, Circuit Judges, and SHADUR, District Judge.


NYGAARD, Circuit Judge.

The opinion of the court filed in this appeal on December 23, 2004 as well as the dissenting opinion authored by Judge SLOVITER, are hereby VACATED and the foregoing majority and dissenting opinions are to be filed in its place.

It is so ordered.


NYGAARD, Circuit Judge.

Appellee, Fred Cooper, pleaded guilty to one count of securities fraud, in violation of 15 U.S.C. §...

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