UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided and filed: January 31, 1989.
UNITED STATES OF AMERICA
GAMBINO, ROSARIO, APPELLANT
D.C. Criminal No. 84-00098-01 sec. 2255
BEFORE: SEITZ, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON, MANNSMANN, GREENBERG, HUTCHINSON, SCIRICA and NYGAARD, Circuit Judges
ON PETITION FOR REHEARING
MORTON I. GREENBURG, Circuit Judge
The petition for rehearing filed by appellant 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 of the circuit in regular service not having voted for rehearing, the petition for rehearing by the panel and the Court in banc, is denied. For the reasons noted in Judge Mansmann's dissent, Judge Higginbotham and Judge Mansmann vote for in banc consideration. Judge Becker would grant rehearing by the court in banc.
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