United States of America v. Robert Mulgrew

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 14-4812
UNITED STATES OF AMERICA
v.
ROBERT MULGREW,
Appellant
(E. D. Pa. Criminal No. 2-13-cr-00039-003)
SUR PETITION FOR REHEARING
Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN,
HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE,
RESTREPO, BIBAS, PORTER, NYGAARD, and FISHER* Circuit Judges
The petition for rehearing en banc filed by appellant Robert Mulgrew in the
above-entitled case having been submitted to the judges who participated in the decision
of this Court and to all the other available circuit judges of the circuit in regular active
service, and no judge who concurred in the decision having asked for rehearing, and a
* Pursuant to Third Circuit I.O.P. 9.5.3, Judge Richard L. Nygaard’s and Judge D.
Michael Fisher’s votes are limited to panel rehearing.

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majority of the circuit judges of the circuit in regular service not having voted for
rehearing, the petition for rehearing en banc is DENIED.
The petition for rehearing by the panel is GRANTED IN PART, solely as to
Appellant’s claim that he is entitled to a consideration of the sufficiency of the evidence
of perjury based upon an accurate understanding of his argument relating to his response
to a particular question.
Q. Let me make sure as well that if I got your
testimony correct [sic]. You’re saying that if
other people whether they be political leaders,
friends and family, anybody is approaching
your personal and asking her specifically to
look out for a case, see what she can do in a
case, give preferential treatment, however you
want to phrase it, that she is not relaying any of
that information on to you; is that correct?
A. No, she isn’t.
App. 437-38. After consideration of Appellant’s argument, the panel has agreed to
amend the opinion, which will be filed simultaneously with this order in all of the
consolidated cases. Each of the judgments entered August 21, 2018, shall remain in full
force and effect.
BY THE COURT,
s/ Richard L. Nygaard
Circuit Judge
Dated: January 18, 2019
PDB/CLW/cc: All Counsel of Record

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