United States v. David Paul Hammer

239 F.3d 302, 2001 U.S. App. LEXIS 564, 2001 WL 92168

Opinions

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellant David Paul Hammer in the above captioned matter having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the court 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 en bane, the petition for rehearing is denied. Judge Stapleton’s and Judge Greenberg’s votes are limited to denying rehearing before the original panel. Judge Nygaard would grant rehearing by the court en banc and is filing an opinion sur denial of the petition.