United States of America v. Richie Wheeler

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.

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By the Court,
s/ Stephanos Bibas
Circuit Judge
Dated: November 20, 2020
DWB/arr/cc: MEC; MSL; RBG

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