United States v. Ebert

Opinion

UNPUBLISHED FILED: July 9, 1999

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-4871(L) (CR-95-84-BR)

UNITED STATES OF AMERICA, Plaintiff - Appellee,

versus

YITSCHAK EBERT, a/k/a Isaac, d/b/a M&I Distributors, Incorporated, a/k/a Isaac Ebert, a/k/a Issac Ebert, a/k/a Yitzchok Ebert, Defendant - Appellant.

No. 96-4886 (CR-95-84-BR)

MICHAEL KAZINEC, a/k/a Mike, d/b/a M&I Distributors, Incorporated, a/k/a Mike Kazinec, a/k/a Michael Paul Kazinec, Defendant - Appellant.

No. 96-4887 (CR-95-84-BR)

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

JOHN WAYNE FOSTER, JR., a/k/a Wayne, Defendant - Appellant.

No. 96-4888 (CR-95-84-BR)

BERNARD WILLIAM CRUSE, III, a/k/a Bill, d/b/a The Food Outlet, a/k/a Bill Cruse, Defendant - Appellant.

No. 96-4889 (CR-95-84-BR)

MARK DAVID EIDELMAN, d/b/a American Drug Wholesale, d/b/a American International Wholesale Drug, Defendant - Appellant.

No. 96-4947 (CR-95-84-BR)

JOHN WAYNE FOSTER, SR., a/k/a Johnny Foster, Defendant - Appellant. No. 96-4948 (CR-95-84-BR)

ROBERT WILLIAM SPITTEL, a/k/a Bob Spittel, d/b/a North Bridge Salvage, d/b/a Closeouts, Incorporated, Defendant - Appellant.

No. 96-4949 (CR-95-84-BR)

STEVEN MICHAEL HALE, a/k/a Stevie Michael Hale, a/k/a Steve Michael Hale, d/b/a North Bridge Salvage, Defendant - Appellant.

No. 96-4975 (CR-95-84-BR)

MARVIN JUNE PHILLIPS, a/k/a Jay; BEST DEAL LIQUIDATORS, INCORPORATED, Defendants - Appellants. O R D E R

Appellants Mark David Eidelman and Michael Kazinec have filed

a petition for rehearing and a suggestion for rehearing en banc.

The government has filed a petition for rehearing, and appellant

Yitschak Ebert has filed a petition for rehearing with petition for

rehearing en banc. The government has filed an answer to the

appellants’ petitions for rehearing and rehearing en banc, and

appellants Yitschak Ebert, John Wayne Foster, Jr., John Wayne

Foster, Sr., Marvin June Phillips, Best Deal Liquidators, Robert

William Spittel, Steven Michael Hale, and Bernard William Cruse,

III, have filed answers to the government’s petition.

No member of this Court or the panel requested a poll on the

petitions for rehearing en banc; accordingly, the appellants’

petitions for rehearing en banc are denied.

The panel has considered the appellants’ and the government’s

petitions for rehearing and hereby denies appellant Ebert’s and the

government’s petitions for rehearing.

The panel denies the petition for rehearing of appellants

Eidelman and Kazinec except as to their argument concerning the

Court’s statement in footnote 14 of the opinion wherein this Court

overlooked the adoption of appellant Ebert’s venue argument by

appellants Eidelman and Kazinec. The Court hereby amends the

judgments of May 3, 1999, to vacate the convictions of appellants Eidelman and Kazinec for money laundering and receipt of stolen

property and to remand their cases for resentencing.

Entered at the direction of Judge Michael with the concurrence

of Judge Niemeyer, acting as a quorum of the panel. Judge

Murnaghan disqualified himself from further consideration of this

case and did not participate in the decision regarding the

petitions for rehearing and rehearing en banc.

For the Court

/s/ Patricia S. Connor Clerk