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McErlane v. National R.R. Passenger Corp.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: December 2, 1994.

UNITED STATES OF AMERICA
v.
RICHARD O. BERTOLI, APPELLANT

On Appeal from the United States District Court for the District of New Jersey. (D.C. Criminal No. 89-00218-3). {Judge}{Q}Judges{/Q}{/Judge}

Before: Greenberg, Roth, and Rosenn, Circuit Judges

Author: Greenberg

SUR PETITION FOR REHEARING BEFORE ORIGINAL judges

The petition for panel rehearing filed by appellee United States of America in the above entitled case having been submitted to the Judges who participated in the decision of this court, and no Judge who concurred in the decision having asked for rehearing, the petition for rehearing is denied. In denying the motion the court observes that, as set forth in footnote 17, page 35 of the slip opinion, the government did not argue that we should apply a Guideline Manual later than the 1989 Guideline Manual to either Group 2 or Group 3 if we apply the 1989 Manual to Group one.

BY THE COURT:

Morton I. Greenberg

Circuit Judge

DATED: December 2, 1994

19941202

© 1998 VersusLaw Inc.



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