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U.S. v. KOTTWITZ

No. 08-13740.

627 F.3d 1383 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Theresa L. KOTTWITZ, Gerard Marchelletta, Jr., Gerard Marchelletta, Sr., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 22, 2010.

Attorney(s) appearing for the Case

Robert P. Marcovitch , Atlanta, GA, Robert Gerald Bernhoft , Law Office of Robert G. Bernhoft , S.C., Milwaukee, WI, Wilmer Parker, III , W. Bruce Maloy , Agne A. Krutules , James K. Jenkins , Maloy, Jenkins, Parker, Atlanta, GA, Jerome J. Froelich , McKenney & Froelich, Atlanta, GA, for Defendants-Appellants.

Justin S. Anand , Lawrence R. Sommerfeld , Atlanta, GA, for Plaintiff-Appellee.

Before EDMONDSON, Circuit Judge, and HODGES, District Judge.

PER CURIAM:

Defendants/Appellants have petitioned for rehearing. We have considered Defendants' arguments and the Government's reply. And we have looked at the record again. We stand by our decision, United States v. Kottwitz, 614 F.3d 1241 (11th Cir.2010), except on the issue of the accountant-reliance jury instruction for Count One.

Defendants contend that the district court erred in refusing to give Defendants...

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