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U.S. v. REYNOLDS

No. 08-4747.

710 F.3d 498 (2013)

UNITED STATES of America v. Billy Joe REYNOLDS, Appellant.

United States Court of Appeals, Third Circuit.

Filed: March 14, 2013.

Attorney(s) appearing for the Case

Donovan J. Cocas , argued, Robert L. Eberhardt , Laura S. Irwin , Office of United States Attorney, Pittsburgh, PA, for Appellee.

Candace Cain , Lisa B. Freeland , argued, Office of Federal Public Defender, Pittsburgh, PA, for Appellant.

Before: SMITH, FISHER, and STAPLETON, Circuit Judges.

OPINION

SMITH, Circuit Judge.

This case returns to us after the Supreme Court's review in Reynolds v. United States, ___ U.S. ___, 132 S.Ct. 975, 181 L.Ed.2d 935 (2012). Remand requires that we reach the merits of Reynolds's claim that the regulatory rule upon which his indictment was based was promulgated in violation of the Administrative Procedure Act ("APA"). This claim gives rise to three questions: (1) What...

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