United States of America v. Universal Rehabilitation Services (pa), Inc., Appellant.richard J. Lukesh, Appellant, 173 F.3d 914 (3d Cir. 1999)

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US Court of Appeals for the Third Circuit - 173 F.3d 914 (3d Cir. 1999) May 4, 1999

Present: BECKER, Chief Judge, SLOVITER, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, MCKEE, and RENDELL, Circuit Judges.

Prior report: 167 F.3d 172

ORDER

BECKER, Chief Judge.


It is hereby ORDERED that

1. The motion to vacate the Order granting rehearing en banc is denied;

2. The motion for leave to file a response to Government's Petition for Rehearing is denied; and

3. The case number 97-1468 is hereby removed from the Order dated April 15, 1999 granting Rehearing En Banc.

The parties shall file supplemental memoranda in which they set forth what factors should be considered by the District Court in ruling on the admissibility of a testifying co-conspirator's guilty plea; what Third Circuit cases set forth these factors as a consideration; and how these factors apply to the facts of the case before us. Appellant shall file a memorandum within 3 weeks and the Government shall have 2 weeks to reply.

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