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U.S. v. ARNOLD

No. 04-5384.

434 F.3d 396 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph ARNOLD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 23, 2005.

Attorney(s) appearing for the Case

ON BRIEF: Robert C. Brooks, Memphis, Tennessee, for Appellant. David N. Pritchard, Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: MOORE and SUTTON, Circuit Judges; CARMAN, Judge.

The court delivered a PER CURIAM opinion.

SUTTON, J. (pp. 407-12), delivered a separate dissenting opinion.

AMENDED OPINION

PER CURIAM.

This matter is before the Court on the government's petition for rehearing en banc. Upon consideration of the relevant briefs and the record, we vacate our prior opinion, United States v. Arnold, 410 F.3d 895 (6th Cir.2005), and replace it with this amended opinion...

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