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U.S. v. WALL

Nos. 04-2280, 05-2019.

456 F.3d 316 (2006)

UNITED STATES of America v. Parris WALL, Jr. a/k/a Petey Parris Wall, Appellant.

United States Court of Appeals, Third Circuit.

August 8, 2006.

Attorney(s) appearing for the Case

David R. Fine, (Argued), Kirkpatrick & Lockhart, Nicholson Graham, Harrisburg, PA, for Appellant.

Richard G. Andrews, (Argued), Office of the United States Attorney, Wilmington, DE, for Appellee.

Before SCIRICA, Chief Judge, and NYGAARD, Circuit Judge., and YOHN, District Judge.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This appeal presents a question of appellate procedure. Specifically, it implicates our practice of permitting petitions for rehearing en banc to be filed "out of time" and recalling our mandate so that these petitions may be considered by the full court. The issues here can be reduced to this inquiry: Does an untimely petition for rehearing en banc become timely when...

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