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United States v. McDade

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: August 9, 1994.

UNITED STATES OF AMERICA
v.
JOSEPH M. MCDADE, APPELLANT

D.C. Criminal No. 92-00249-01; {Judge}{Q}Judges{/Q}{/Judge}

Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth, Lewis, and Mckee, Circuit Judges and Bassler, District Judge*fn*

Author: Alito

SUR PETITION FOR REHEARING

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 active service not having voted for rehearing by the Court in banc, the petition for rehearing is denied. Judge Becker, Judge Hutchinson, Judge Scirica, and Judge Lewis would grant rehearing.

BY THE COURT,

Samuel A. Alito, Jr.

Circuit Judge

DATED: AUG 9- 1994


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