United States v. Gary Debenedetto

Opinion

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

April 4, 2014

Before

JOEL M. FLAUM, Circuit Judge

KENNETH F. RIPPLE, Circuit Judge

DAVID F. HAMILTON, Circuit Judge

No. 13-3281 Appeal from the United States District Court for the Northern District of UNITED STATES OF AMERICA, Illinois, Eastern Division.

Plaintiff-Appellee, No. 1:12-cr-00199

v.

Rubén Castillo,

GARY DEBENEDETTO, Chief Judge.

Defendant-Appellant.

ORDER

The Government has filed a Petition for Panel Rehearing requesting that we amend our opinion of March 3, 2014, to reflect that the Government never was ordered to respond to Mr. Debenedetto’s motion to stay. It also requests that we designate our March 3 opinion as nonprecedential. The Government explains that it did not have an opportunity to address fully the issue of whether, in assessing the importance of the Government’s interests under the first prong of the analysis under Sell v. United States, 539 U.S. 166 (2003), the district court should focus on the maximum sentence or the probable Guidelines sentence. This issue, however, has been fully briefed in United States v. Breedlove, No. 13- 3406, scheduled for oral argument later this month.

The panel has reexamined its March 3 opinion, and now withdraws that opinion and substitutes the attached revised opinion. Accordingly,

No.13-3281 Page 2

IT IS ORDERED that the petition for panel rehearing is DENIED.

IT IS FURTHER ORDERED that the opinion entered in this case on March 3, 2014, be and is hereby WITHDRAWN, and that the attached revised opinion of this date be SUBSTITUTED.