U.S. v. Kaplan, 95-4908

Decision Date31 July 1998
Docket NumberNo. 95-4908,95-4908
Citation148 F.3d 1223
Parties11 Fla. L. Weekly Fed. C 1721 UNITED STATES of America, Plaintiff-Appellee, v. Barry KAPLAN, Defendant-Appellant.
CourtU.S. Court of Appeals — Eleventh Circuit

Bruce A. Zimet, Ft. Lauderdale, FL, for Defendant-Appellant.

William A. Keefer, Linda Collins Hertz, Anne Ruth Schultz, Kathleen M. Salyer, Lawrence D. LaVecchio, Adalberto Jordan, U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Appeal from the United States District Court for the Southern District of Florida (No. 94-422-CR-SH), Shelby Highsmith, Judge.

On Petition for Rehearing and Suggestion for Rehearing En Banc.

(Opinion January 22, 1998, 11th Cir., 133 F.3d 826).

Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges.

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

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2 cases
  • U.S. v. Kaplan
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 9 d5 Abril d5 1999
    ... ... 12 Fla. L. Weekly Fed. C 728 ... UNITED STATES of America, Plaintiff-Appellee, ... Barry KAPLAN, Defendant-Appellant ... No. 95-4908 ... United States Court of Appeals, ... Eleventh Circuit ... April 9, 1999 ... Page 1352 ...         Bruce A. Zimet, Ft ... See Culbert, 435 U.S. at 380, 98 S.Ct. 1112 ("Our examination of the statutory language and the legislative history of the Hobbs Act impels us to the conclusion that Congress intended to make criminal all conduct within the reach of the statutory language.") ...         Other ... ...
  • Powers v. Graff
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 3 d1 Agosto d1 1998
    ... ... control persons of Stuart-James, have been disposed of in the district court and are not before us ... 2 Plaintiffs now argue that their original complaint was based on acts Plaintiffs believed to ... ...

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