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U.S. v. McCLAIN

No. 04-5887.

444 F.3d 537 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Kevin McCLAIN; George Brandt; Jason Davis, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

March 31, 2006.

Attorney(s) appearing for the Case

Robert Anderson, Asst. U.S. Attorney, U.S. Attorney's Office, Nashville, TN, Thomas M. Gannon, U.S. Department of Justice Appellate Section, Criminal Division, Washington, DC, for Plaintiff-Appellant.

Richard L. Gaines, Eldridge, Irvine & Gaines, Knoxville, TN, Peter J. Strianse, Tune, Entrekin & White, R. Price Nimmo, Nimmo, Hoehn & Nimmo, Nashville, TN, for Defendants-Appellees.

Before: BOGGS, Chief Judge; BATCHELDER and GIBBONS, Circuit Judges.

ORDER

This matter comes before the court upon the petitions for rehearing, with suggestion for rehearing en banc, filed by the appellees, and the response of the appellant thereto. The petitions have been circulated not only to the original panel members but also to all other judges* of the court in regular active service, less than a majority of whom have voted in favor of rehearing en banc. Accordingly, the petitions have been...

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