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U.S. v. ROSA

Docket No. 09-0636-cr.

634 F.3d 639 (2010)

UNITED STATES of America, Appellee, v. Efrain J. ROSA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 27, 2010.

On Rehearing: March 8, 2011.

Attorney(s) appearing for the Case

Lisa A. Peebles, Esq. , Federal Public Defenders Office, Syracuse, NY, for Defendant-Appellant.

Lisa M. Fletcher, Esq. , U.S. Attorneys Office, Syracuse, NY, for Appellee.

Before: JOHN M. WALKER, JR. and LIVINGSTON, Circuit Judges, and KAPLAN, District Judge.

ORDER

Appellant Efrain J. Rose filed a petition for panel rehearing, or, in the alternative, for rehearing en banc. The panel that determined the appeal has considered the request for panel rehearing, and the active members of the Court have considered the request for rehearing en banc.

IT IS HEREBY ORDERED that the petition is denied.

KAPLAN, District Judge:

I respectfully dissent from the panel's denial of rehearing. Although...

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