Sealed Case, In re, 97-3112

Decision Date03 November 1998
Docket NumberNo. 97-3112,97-3112
Citation159 F.3d 1362
Parties, 11 Fed.Sent.R. 119 In re SEALED CASE,
CourtU.S. Court of Appeals — District of Columbia Circuit

Before: EDWARDS, Chief Judge; WALD, SILBERMAN, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL and GARLAND, Circuit Judges.

ORDER

PER CURIAM.

Upon consideration of appellee's Suggestion For Rehearing In Banc, the response thereto, and the vote by a majority of the judges of the court in regular, active service in favor of the suggestion, it is

ORDERED that the suggestion be granted. This case will be reheard by the court sitting in banc. The judgment filed herein on July 24, 1998, is vacated as to Part III of the opinion of that date only. It is

FURTHER ORDERED that oral argument will be heard by the court sitting in banc on Wednesday, January 27, 1999, at 9:30 A.M.

The parties are directed to submit thirty copies each of the briefs and joint appendix previously filed in this case and to do so on or before December 24, 1998. The parties are granted leave to file supplemental briefs of no more than 15 pages limited to authority issued since the date of the panel decision, in accord with the following schedule:

                                Appellant's Brief            November 24, 1998
                                Appellee's Brief             December 16, 1998
                                Appellant's Reply Brief      December 24, 1998
                

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9 cases
  • U.S. v. Abuhouran
    • United States
    • U.S. Court of Appeals — Third Circuit
    • November 19, 1998
    ...such authority. In re Sealed Case (Sentencing Guidelines' "Substantial Assistance"), 149 F.3d 1198 (D.C.Cir.1998), rehg. granted, 159 F.3d 1362 (D.C.Cir.1998). Although we have previously ruled that a district court has no such authority, see United States v. Higgins, 967 F.2d 841, 845 (3d ......
  • Gillespie v. City of Indianapolis PD.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 9, 1999
    ...before the District of Columbia Circuit. See Fraternal Order of Police v. United States, 152 F.3d 998 (D.C. Cir.), reh'g granted, 159 F.3d 1362 (1998), on reh'g, 173 F.3d 898 (1999). Gillespie made no effort to develop this line of attack in the body of his brief, however, and has therefore......
  • U.S. v. Boyd
    • United States
    • U.S. District Court — District of Kansas
    • March 30, 1999
    ...925 which was successful in Fraternal Order of Police v. United States, 152 F.3d 998, 1002-03 (D.C.Cir.1998), reh'g granted, 159 F.3d 1362 (D.C.Cir. Nov.12, 1998). The remedy granted in that decision was to hold " § 925 unconstitutional insofar as it purports to withhold the public interest......
  • Fraternal Order of Police v. U.S.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • April 16, 1999
    ... ... One might also think it "unfair" in a relevant sense to be faced with the risk of losing a case on the basis of an argument that one's adversary failed to raise in the time and space allotted ... ...
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