United States v. Paul R. Stafford, Sr.
This text of 136 F.3d 1115 (United States v. Paul R. Stafford, Sr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
On the basis of the petition for rehearing filed in this matter by defendant Stafford, the court hereby modifies its decision of February 3 to order that Stafford be resentenced on the same ground (no violation of 18 U.S.C. § 2314) that the decision had ordered the resentencing of his eodefendant Allison. We thought that Stafford had waived this ground, but the petition for rehearing reminds us of an order entered by this court last year allowing him-to adopt without separate briefing the arguments of his codefend-ant. The order was not referenced in his brief, in which he stated that he was adopting Allison’s statement of facts but did not indicate that he was adopting any of Allison’s arguments. As we had merely permitted, and not directed, Stafford to adopt Allison’s argument, the silence in the brief could be interpreted as a decision not to adopt Allison’s section 2314 argument. But rather than stand on a technicality, we direct that Stafford be resentenced too.
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136 F.3d 1115, 1998 U.S. App. LEXIS 5758, 1998 WL 132957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-paul-r-stafford-sr-ca7-1998.