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U.S. v. BURHOE

Nos. 15-1542, 15-1612.

875 F.3d 55 (2017)

UNITED STATES, Appellee, v. Joseph BURHOE, a/k/a Jo Jo, Defendant, Appellant. United States, Appellee, v. John Perry, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Entered: November 13, 2017.

Attorney(s) appearing for the Case

Leslie R. Caldwell , Ross Brandon Goldman , Sung-Hee Suh , US Dept of Justice, Criminal Division, Washington, DC, Dina Michael Chaitowitz , Laura Jean Kaplan , Randall Ernest Kromm , Timothy E. Moran , Susan G. Winkler , US Attorney's Office, Boston, MA, for Appellee.

Miriam Conrad , Judith H. Mizner , Christine DeMaso , MA Federal Public Defender Office, Boston, MA, Joseph Burhoe , FCI Hazelton, Bruceton Mills, WV, for Defendant, Appellant Joseph Burhoe, a/k/a Jo Jo.

Thomas J. Butters , Matthew D. Thompson , Butters Brazilian LLP, Michael R. Schneider , Good Schneider Cormier & Fried, Jeffrey Harris , Salsberg & Schneider, Boston, MA, for Defendant, Appellant John Perry.

Before Torruella, Kayatta, and Barron, Circuit Judges.

ORDER OF COURT

Appellants Burhoe and Perry (together, "Appellants") have filed a petition for panel rehearing. They raise two issues: (1) that the panel overlooked the issue of the district court's refusal to investigate a juror's post-verdict message to defense counsel, and (2) that the panel overlooked the willfulness required to establish the offense of improperly serving as a union representative charged in Count 29. For the following reasons, the petition is...

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