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U.S. v. HERNANDEZ-MENDOZA

No. 08-3898.

611 F.3d 418 (2010)

UNITED STATES of America, Appellee, v. Jese HERNANDEZ-MENDOZA, Appellant.

United States Court of Appeals, Eighth Circuit.

Opinion Filed: April 6, 2010.

Amended: July 7, 2010.

Rehearing Denied: July 7, 2010.

Attorney(s) appearing for the Case

Mark Alexander Vargo, U.S. Attorney's Office, argued, Rapid City, SD, for Appellee.

George E. Grassby, Federal Public Defender's Office, argued, Rapid City, SD, for Appellant.

Jese Hernandez-Mendoza, Big Spring, TX, pro se.

Before COLLOTON, BEAM, and BENTON, Circuit Judges.

ORDER DENYING PETITION FOR REHEARING

COLLOTON, Circuit Judge.

Jese Hernandez-Mendoza, the appellant in No. 08-3898, has filed a petition for rehearing in which he challenges the panel's holding that any error in the district court's deliberate indifference instruction was harmless. See United States v. Hernandez-Mendoza, 600 F.3d 971, 979-80 (8th Cir.2010). He first contends that the government waived any argument...

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