US v. Burhoe, US v. Perry, No. 15-1542 (1st Cir. 2017)

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This opinion or order relates to an opinion or order originally issued on September 8, 2017.

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United States Court of Appeals For the First Circuit No. 15-1542 UNITED STATES, Appellee, v. JOSEPH BURHOE, a/k/a Jo Jo, Defendant, Appellant. No. 15-1612 UNITED STATES, Appellee, v. JOHN PERRY, Defendant, Appellant. Before Torruella, Kayatta, and Barron, Circuit Judges. ORDER OF COURT Entered: December 21, 2017 The government's petition for panel rehearing, filed November 20, 2017, is denied. We clarify that our opinion issued on September 8, 2017 does not address the merits of "the alternative legal theory that if the pursuit of unwanted and superfluous work were a legitimate labor objective (as we hold in this appeal), then force, violence, or fear (including fear of economic loss) may not be used to obtain that objective," because the government waived that theory. United States v. Burhoe, 871 F.3d 1, 21 n.17 (1st Cir. 2017). By the Court: /s/ Margaret Carter, Clerk cc: Hon. Denise Jefferson Casper Robert Farrell, Clerk, United States District Court for the District of Massachusetts Miriam Conrad Judith H. Mizner Joseph Burhoe Christine DeMaso Timothy E. Moran Susan G. Winkler Dina Michael Chaitowitz Laura Jean Kaplan Randall Ernest Kromm Ross Brandon Goldman Matthew D. Thompson Thomas J. Butters Michael R. Schneider Jeffrey Harris -2-