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U.S. v. NACCHIO

No. 07-1311.

535 F.3d 1165 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. JOSEPH P. NACCHIO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 30, 2008.

Attorney(s) appearing for the Case

Troy A. Eid, U.S. Attorney, Kevin T. Traskos, Office of the United States Attorney, Denver, CO, Stephan E. Oestreicher, Jr., Leo Joseph Wise, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.

J. Scott Ballenger, Maureen E. Mahoney, Nathan H. Seltzer, Latham & Watkins, LLP, Washington, DC, Alexandra A.E. Shapiro, Latham & Watkins, New York, NY, Jeffrey Speiser, Herbert J. Stern, Stern & Kilcullen, Roseland, NJ, for Defendant-Appellant.

Before HENRY, Chief Judge, TACHA, KELLY, BRISCOE, LUCERO, MURPHY, HARTZ, McCONNELL, and HOLMES, Circuit Judges.

ORDER

The petition for rehearing en banc is GRANTED. This case is set for oral argument on Thursday, September 25, 2008, at 1:00 P.M. in Denver, Colorado.

Within 30 days from the date of this order, the parties shall contemporaneously file supplemental briefs, not to exceed 60 pages in length, addressing the following questions:

1. Was the defendant sufficiently on notice that he was required...

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