United States of America v. James M. Funk

RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit Rule 206
File Name: 09a0120p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
_________________
UNITED STATES OF AMERICA ,
Plaintiff-Appellant,
v.
J AMES M. FUNK ,
Defendant-Appellee.
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No. 05-3708
Filed: March 27, 2009
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ORDER
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This matter now comes before the court upon the motion of the appellant United
States, to which motion the appellee has not objected, to dismiss the appeal with prejudice
pursuant to FED. R. A PP. P. 42(b).
The court GRANTS the unopposed motion to dismiss. The opinion of the panel,
which was vacated pursuant to the court’s order of December 18, 2008 granting en banc
review, 6 Cir. R. 35(a), remains vacated.
ENTERED BY ORDER OF THE COURT
Leonard Green, Clerk
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