United States of America, Plaintiff-appellee, v. Oscar J. Perez, Defendant-appellant, 975 F.2d 677 (10th Cir. 1992)

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U.S. Court of Appeals for the Tenth Circuit - 975 F.2d 677 (10th Cir. 1992) Aug. 24, 1992

Before McKAY, Chief Judge, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, Circuit Judges and SPARR,*  District Judge.


Upon consideration of the government's petition for rehearing with suggestion for rehearing en banc and the appellant's response:

The petition for rehearing is denied by the panel that rendered the decision sought to be reheard.

In accordance with Fed. R. App. P. 35(b), the clerk transmitted the suggestion for rehearing en banc to members of the panel and to all other judges of the court in regular active service. A vote was taken and pursuant thereto the court grants rehearing en banc of those issues raised in the government's petition.

Oral argument on rehearing en banc is set for Tuesday, September 29, at 2:30 p.m. in the United States Courthouse, Denver, Colorado.


Honorable Daniel B. Sparr, District Judge, of the United States District Court for the District of Colorado, sitting by designation