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U.S. v. WHITTEN

No. 07-1320-cr.

623 F.3d 125 (2010)

UNITED STATES of America, Appellee, v. Michael WHITTEN, Paris Bullock, Angel Rodriguez, also known as Ice, Jamal Brown, also known as Mal, Defendants, Ronell Wilson, also known as Rated R, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

October 19, 2010.

Attorney(s) appearing for the Case

Beverly Van Ness , New York, New York; Barry J. Fisher , Saratoga Springs, for Defendant-Appellant.

Benton J. Campbell , United States Attorney, Eastern District of New York, Brooklyn; Morris J. Fodeman , David Bitkower ( Peter A. Norling , Jason A. Jones , Zainab Ahmad , on the brief), Assistant United States Attorneys, Eastern District of New York, Brooklyn; Jeffrey B. Kahan (on the brief), United States Department of Justice Capital Case Unit, Washington, D.C., for Appellee.

ORDER

Following disposition of this appeal on June 30, 2010, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED.

DEBRA ANN LIVINGSTON, Circuit Judge, with whom Judge CABRANES, Judge RAGGI, and Judge WESLEY join, dissenting:

The facts in this case are as straightforward...

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