United States v. Stamatios Kousisis

81 F.4th 1260

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

Nos. 19-3679 & 19-3774 _____________

UNITED STATES OF AMERICA

v.

STAMATIOS KOUSISIS, a/k/a Tom Kousisis, Appellant in No. 19-3679

UNITED STATES OF AMERICA

v.

ALPHA PAINTING & CONSTRUCTION CO., INC., Appellant in No. 19-3774

______________

On Appeal from the United States District Court for the Eastern District of Pennsylvania (District Court Nos. 2:18-cr-00130-001 & 2:18-cr-00130-03) District Judge: The Honorable Wendy Beetlestone

PETITION FOR PANEL REHEARING AND/OR REHEARING EN BANC

Present: CHAGARES, Chief Judge, JORDAN, HARDIMAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY- REEVES, CHUNG, and McKEE *, Circuit Judges

The petition for rehearing filed by Appellants in the above-entitled cases having

been submitted to the judges who participated in the decision of this Court and to all the

* Judge McKee’s vote is limited to panel rehearing only. other available circuit judges of the circuit in regular active service, and 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.

It is hereby ordered that the petition for rehearing by the panel is granted in part

with respect to Alpha Painting and Construction’s claim that the Court failed to address

all of Alpha’s statutory challenges to the forfeiture order. The opinion and judgment

entered April 21, 2023 are hereby vacated. The judges who participated in the decision

of this Court will issue an amended opinion. Additionally, the District Court’s forfeiture

order will be addressed in a separate opinion. Judgment will be entered in these matters

upon issuance of the opinion on the forfeiture order.

BY THE COURT,

s/ Theodore A. McKee Circuit Judge Dated: September 21, 2023