U.S. v. Perez, 90-4149

Decision Date24 August 1992
Docket NumberNo. 90-4149,90-4149
Citation975 F.2d 677
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Oscar J. PEREZ, Defendant-Appellant.
CourtU.S. Court of Appeals — Tenth Circuit

Before McKAY, Chief Judge, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, Circuit Judges and SPARR, * District Judge.

ORDER

Upon consideration of the government's petition for rehearing with suggestion for rehearing en banc and the appellant's response:

The petition for rehearing is denied by the panel that rendered the decision sought to be reheard.

In accordance with Fed.R.App.P. 35(b), the clerk transmitted the suggestion for rehearing en banc to members of the panel and to all other judges of the court in regular active service. A vote was taken and pursuant thereto the court grants rehearing en banc of those issues raised in the government's petition.

Oral argument on rehearing en banc is set for Tuesday, September 29, at 2:30 p.m. in the United States Courthouse, Denver, Colorado.

* Honorable Daniel B. Sparr, District Judge, of the United States District Court for the District of Colorado, sitting by designation.

To continue reading

Request your trial
4 cases
  • U.S. v. Powell
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • December 9, 1992
    ... ... Both questions require us to review the elements of a conspiracy ... A. Sufficiency of the Evidence ... Perez, 959 F.2d 164, 167-68 (10th Cir.), reh'g en banc granted, 975 F.2d 677 (10th Cir.1992), but there ... ...
  • U.S. v. Perez
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • March 30, 1993
    ...167-68. The government petitioned for rehearing en banc, urging us to reconsider Radeker. We granted the petition, see United States v. Perez, 975 F.2d 677 (10th Cir.1992), and we now hold that the per se reversible-error rule established in Radeker should be modified as set out below. Acco......
  • U.S. v. Nicholson
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • January 5, 1993
    ... ... Perez, 959 F.2d 164, 168 (internal quotation omitted), reh'g en banc granted, 975 F.2d 677 (10th ... ...
  • F.D.I.C. v. American Cas. Co. of Reading, Pa.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • September 1, 1992
    ... ... it in support of its claim that public policy reasons expressed by Congress in the Act require us to outlaw the offending insurance policy exclusion here, we draw, if anything at all, a different ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT