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U.S. v. MARINELLO

15-2224.

855 F.3d 455 (2017)

UNITED STATES of America, Appellee, v. Carlo J. MARINELLO, II, Appellant.

United States Court of Appeals, Second Circuit.

February 15, 2017.

Attorney(s) appearing for the Case

Joseph M. LaTona , Buffalo, NY, for Defendant-Appellant.

Russell T. Ippolito, Jr. , Assistant United States Attorney, Buffalo, NY, for James P. Kennedy, Jr. , Acting United States Attorney for the Western District of New York,1 Appellee.

Present: Robert A. Katzmann, Chief Judge, Dennis Jacobs, José A. Cabranes, Rosemary S. Pooler, Reena Raggi, Peter W. Hall, Debra Ann Livingston, Denny Chin, Raymond J. Lohier, Jr., Susan L. Carney, Christopher F. Droney, Circuit Judges.

ORDER

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

Dennis Jacobs, Circuit Judge, joined by José A. Cabranes, Circuit Judge, dissents by opinion from the denial of rehearing en banc.

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