United States of America v. WILLIAM TOMKO On Appeal from the United States District Court for the Western…

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-4997
UNITED STATES OF AMERICA,
Appellant
v.
WILLIAM TOMKO
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. No. 04-cr-00108)
District Judge: Honorable Gary L. Lancaster
Present: SMITH, FISHER and COWEN, Circuit Judges.
SUR PETITION FOR PANEL REHEARING
The petition for panel rehearing filed by Appellee having been submitted to the
judges who participated in the decision of this court, it is hereby ORDERED that the
petition for panel rehearing is GRANTED. The opinion filed August 20, 2007, is hereby
VACATED, and a subsequent opinion will be issued.
BY THE COURT:
/s/ D. Michael Fisher
Circuit Judge
Dated: January 17, 2008
clc\cc: Alan Hechtkopf, Esq. S. Robert Lyons, Esq.
Cynthia R. Eddy, Esq. J. Alan Johnson, Esq.

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