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WALKER v. U.S.

17-5782, 17-5783.

931 F.3d 467 (2019)

James WALKER, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant. United States of America, Plaintiff-Appellant, v. James Walker, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 23, 2019.

Attorney(s) appearing for the Case

ON PETITION FOR REHEARING EN BANC: Valentine Darker , DARKER & ASSOCIATES, Memphis, Tennessee, for Appellee. ON RESPONSE: Kevin G. Ritz , Dean DeCandia , UNITED STATES ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellant.

The panel issued an order denying the petition for rehearing en banc. KETHLEDGE, J. (pp. 468-70), delivered a separate opinion dissenting from the denial of rehearing en banc, in which MOORE, STRANCH, and WHITE, JJ., joined. STRANCH J. (pg. 470), delivered a separate dissenting opinion, in which MOORE, J., joined.

ORDER

The court received a petition for rehearing en banc. The original panel has reviewed the petition and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition was then circulated to the full court.1 Less than a majority of the judges voted in favor of rehearing en banc.

Therefore, the petition is denied.

...

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