UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
September 25, 1981
UNITED STATES OF AMERICA
PAUL HILL, APPELLANT
SUR PETITION FOR REHEARING (D.C. Crim. No. 79-161)
Present: ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges .
The petition for rehearing filed by Appellee in the above entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges in the circuit in regular active service not having voted for rehearing by the Court in banc, the petition for rehearing is denied.
Judges Hunter, Weis and Garth would grant the petition for rehearing.
Judges Adams and Garth would grant rehearing in this matter because they are concerned that the interpretation of Federal Rule of Criminal Procedure 12.2(b) announced by the majority would result in serious disruptions of many criminal trials, particularly in narcotics cases. This is a matter that they believe is of sufficient import to merit consideration by the entire Court before the interpretation becomes uniform throughout the circuit.
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