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U.S. v. IRVING

Docket No. 04-0971-cr.

452 F.3d 110 (2006)

UNITED STATES of America, Appellee, v. Stefan IRVING, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 23, 2005.

Petition for Rehearing Filed: February 6, 2006.

Decided: June 23, 2006.

Attorney(s) appearing for the Case

Cheryl J. Sturm, Chadds Ford, PA, for Defendant-Appellant.

Michael Y. Scudder, Jr., Assistant United States Attorney, New York, N.Y. (David N. Kelley, United States Attorney, Karl Metzner, Assistant United States Attorney, Southern District of New York, New York, NY, of counsel), for Appellee.

Before: CARDAMONE, JACOBS, and CABRANES, Circuit Judges.

REVISED OPINION

CARDAMONE, Circuit Judge.

The United States petitions for rehearing following our decision in United States v. Irving, 432 F.3d 401 (2d Cir.2005), that vacated two counts upon which defendant Stefan Irving was convicted. Upon consideration of the petition for rehearing, it is granted. We withdraw the majority opinion along with the concurring and dissenting...

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