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In the
United States Court of Appeals
For the Seventh Circuit
No. 09-2555
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MAURICE BELL,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Illinois, Eastern Division.
No. 08 CR 437—Matthew F. Kennelly, Judge.
ARGUED DECEMBER 7, 2009—DECIDED MARCH 16, 2010
PETITION FOR REHEARING FILED APRIL 13, 2010—
DENIED MAY 19, 2010
Before CUDAHY, WOOD, and EVANS, Circuit Judges.
PER CURIAM. The government has filed a petition
for rehearing seeking affirmance of this case on the basis
of application note 4(B) to Guideline Section 1B1.1.
This application note was not cited by the government
in its briefing of this case, nor did the government cite
any case applying application note 4(B) nor make an
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2 No. 09-2555
argument based on this application note. Therefore, the
argument has been forfeited and the matter does
not qualify for possible treatment as plain error.
We express no opinion on the meaning and effect
of application note 4(B) in the present circumstances.
As no judge of the panel has voted to grant it, the
petition for rehearing is DENIED.
5-19-10
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