ORDER
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.
OPINION OF THE COURT
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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