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U.S. v. BERG

No. 18-3250.

956 F.3d 1213 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Mark BERG, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED April 15, 2020.

Attorney(s) appearing for the Case

Daniel T. Hansmeier , Appellate Chief ( Melody Brannon , Federal Public Defender, and Carl Folsom, III , Assistant Federal Public Defender, with him on the briefs), Kansas City, Kansas, for Defendant-Appellant.

James A. Brown , Assistant United States Attorney ( Stephen R. McAllister , United States Attorney, with him on the brief), Topeka, Kansas, for Plaintiff-Appellee.

Before LUCERO, MURPHY, and EID, Circuit Judges.

ORDER

This matter is before the court on the Petition for Panel Rehearing and Rehearing En Banc filed by Appellant. Pursuant to Fed. R. App. P. 40, the petition for panel rehearing is granted in part to the extent of the modifications in the attached revised opinion. The court's January 23, 2020, opinion is withdrawn and replaced by the attached revised opinion which shall be filed as of today's date.

The petition for rehearing en banc and the attached revised...

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