United States v. Burhoe, 122117 FED1, 15-1542

• Court: United States Courts of Appeals, Court of Appeals for the First Circuit
• Judge Panel: Before Torruella, Kayatta, and Barron, Circuit Judges.
• Party Name: UNITED STATES, Appellee, v. JOSEPH BURHOE, a/k/a Jo Jo, Defendant, Appellant. UNITED STATES, Appellee, v. JOHN PERRY, Defendant, Appellant.
• Case Date: December 21, 2017
• Docket Nº: 15-1542, 15-1612

Tweet

 

FREE EXCERPT

UNITED STATES, Appellee,

v.

JOSEPH BURHOE, a/k/a Jo Jo, Defendant, Appellant.

UNITED STATES, Appellee,

v.

JOHN PERRY, Defendant, Appellant.

Nos. 15-1542, 15-1612

United States Court of Appeals, First Circuit

December 21, 2017

          Before Torruella, Kayatta, and Barron, Circuit Judges.

         

ORDER

         The government's petition for panel rehearing,, is denied. We clarify that our opinion issued on September 8, 2017 does not address the merits of "the alternative legal theory that if the pursuit of unwanted and superfluous work were a legitimate labor objective (as we hold in this appeal), then force, violence, or fear (including fear of economic loss) may not be used to obtain that objective, " because the government waived that theory. United States...