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U.S. v. FOSTER

No. 10-5028.

674 F.3d 391 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. John Joel FOSTER, a/k/a Jack Foster, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

March 5, 2012.

Attorney(s) appearing for the Case

Timothy J. Heaphy , U.S. Attorney, Ashley Brooke Neese , Office of the United States Attorney, Roanoke, VA, Jean Barrett Hudson, Esq. , Assistant U.S. Attorney Office of the United States Attorney, Charlottesville, VA, for Plaintiff-Appellant.

Nancy Combs Dickenson , Office of the Federal Public Defender, Abingdon, VA, Larry W. Shelton , Federal Public Defender, Office of the Federal Public Defender, Roanoke, VA, for Defendant-Appellee.

ORDER

Appellee has filed a petition for rehearing en banc. The government filed a response in opposition to the petition.

A member of the court requested a poll on the petition for rehearing en banc. Judge Motz, Judge King, Judge Gregory, Judge Davis, Judge Keenan, Judge Wynn, and Judge Floyd voted to grant rehearing en banc. Chief Judge Traxler, Judge Wilkinson, Judge Niemeyer, Judge Shedd, Judge Duncan, Judge Agee, and Judge Diaz voted to deny rehearing...

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