USA v. James McCullars, No. 15-2447 (7th Cir. 2017)

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This opinion or order relates to an opinion or order originally issued on September 20, 2017.

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United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 December 7, 2017 Before KENNETH F. RIPPLE, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge DIANE S. SYKES, Circuit Judge Nos. 15-2432 & 15-2447 UNITED STATES OF AMERICA, Plaintiff-Appellee, Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. v. Nos. 1:11CR00191-010, -011 JOHN D. GRIES and JAMES McCULLARS, Defendants-Appellants. Sarah Evans Barker, Judge. ORDER The defendants have petitioned for panel rehearing and rehearing en banc based in part on an error in the remand instructions contained in the court’s opinion. On this point the government agrees, as do we. Accordingly, the petition for panel rehearing is granted, and the opinion issued on September 20, 2017, is withdrawn and replaced with the attached opinion. In all other respects, the petition for rehearing is denied. On consideration of the petition for rehearing en banc, no judge in active service requested a vote. Accordingly, the petition for rehearing en banc is denied.