United States v. Richie Wheeler

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

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No. 20-1262

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UNITED STATES OF AMERICA

v.

RICHIE WHEELER,

Appellant

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(D.N.J. No. 2-18-cr-00485-001)

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SUR PETITION FOR REHEARING

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Present: SMITH, Chief Judge, and McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, MATEY, and PHIPPS, Circuit Judges

The petition for rehearing filed by Appellant in the above-captioned case having been submitted to the judges who participated in the decision, it is hereby ORDERED that the petition for rehearing by the panel is GRANTED. The opinion and judgment filed October 8, 2020, are hereby VACATED. A subsequent opinion and judgment are herewith issued.

The panel has made changes to the language that appeared at pages 2–5 of the original opinion.

A majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the Court en banc is DENIED.

By the Court,

s/ Stephanos Bibas

Circuit Judge

Dated: November 20, 2020 DWB/arr/cc: MEC; MSL; RBG