Sealed Case, In re, No. 97-3112

CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)
Writing for the CourtPER CURIAM
Citation159 F.3d 1362
Docket NumberNo. 97-3112
Decision Date03 November 1998
Parties, 11 Fed.Sent.R. 119 In re SEALED CASE,

Page 1362

159 F.3d 1362
333 U.S.App.D.C. 49, 11 Fed.Sent.R. 119
In re SEALED CASE, No. 97-3112.
No. 97-3112.
United States Court of Appeals,
District of Columbia Circuit.
Nov. 3, 1998.

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 practice notes
  • U.S. v. Abuhouran, No. 97-1662
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • November 19, 1998
    ...have 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......
  • Gillespie v. City of Indianapolis PD., No. 98-2691
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th 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, No. 99-40001-01-SAC.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • March 30, 1999
    ...18 U.S.C. § 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 pub......
  • Fraternal Order of Police v. U.S., No. 97-5304
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 16, 1999
    ...We granted the petition, and requested briefing and heard oral argument on both points. See Fraternal Order of Police v. United States, 159 F.3d 1362 We now determine that although it was likely improvident to address the felon-misdemeanant equal protection question in our original opinion,......
  • Request a trial to view additional results
9 cases
  • U.S. v. Abuhouran, No. 97-1662
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • November 19, 1998
    ...have 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......
  • Gillespie v. City of Indianapolis PD., No. 98-2691
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th 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, No. 99-40001-01-SAC.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • March 30, 1999
    ...18 U.S.C. § 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 pub......
  • Fraternal Order of Police v. U.S., No. 97-5304
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 16, 1999
    ...We granted the petition, and requested briefing and heard oral argument on both points. See Fraternal Order of Police v. United States, 159 F.3d 1362 We now determine that although it was likely improvident to address the felon-misdemeanant equal protection question in our original opinion,......
  • Request a trial to view additional results

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