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United States v. Julio Piccinonna, 861 F.2d 639, 11th Cir. (1988)

This document is the record of a decision by the United States Court of Appeals for the Eleventh Circuit to grant a rehearing of a case in banc. It indicates that a member of the court requested a poll on an application for rehearing in banc regarding United States v. Piccinonna. A majority of judges in active service voted to grant the rehearing in banc, so the previous panel's opinion was vacated. The case will be reheard by the full court in banc at a future date, and the clerk will specify a briefing schedule for filing in banc briefs.

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52 views2 pages

United States v. Julio Piccinonna, 861 F.2d 639, 11th Cir. (1988)

This document is the record of a decision by the United States Court of Appeals for the Eleventh Circuit to grant a rehearing of a case in banc. It indicates that a member of the court requested a poll on an application for rehearing in banc regarding United States v. Piccinonna. A majority of judges in active service voted to grant the rehearing in banc, so the previous panel's opinion was vacated. The case will be reheard by the full court in banc at a future date, and the clerk will specify a briefing schedule for filing in banc briefs.

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861 F.

2d 639

UNITED STATES of America, Plaintiff-Appellee,


v.
Julio PICCINONNA, Defendant-Appellant.
No. 86-5335.

United States Court of Appeals,


Eleventh Circuit.
Nov. 28, 1988.

James W. McDonald, Jr., McDonald & Erickson, P.A., Homestead, Fla.,


for defendant-appellant.
Dexter W. Lethinen, U.S. Atty., Caroline Heck, Asst. U.S. Atty., Miami,
Fla., John J. Powers, III, Dept. of Justice, Main, Appellate Section, Laura
Heiser, Washington, D.C., James Griffin, U.S. Dept. of Justice, Anti Trust
Div., Atlanta, Ga., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of
Florida; Jose A. Gonzalez, Judge.
ON PETITION FOR REHEARING AND SUGGESTION FOR
REHEARING IN BANC
(Opinion August 23, 1988, 11th Cir., 1988, 858 F.2d 743).
Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE,
KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK,
EDMONDSON and COX, Circuit Judges.

BY THE COURT:
1

A member of this court in active service having requested a poll on the


application for rehearing in banc and a majority of the judges in this court in
active service having voted in favor of granting a rehearing in banc,
IT IS ORDERED that the above cause shall be reheard by this court in banc

with oral argument on a date hereafter to be fixed. The clerk will specify a
briefing schedule for the filing of in banc briefs. The previous panel's opinion is
hereby VACATED.

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