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U.S. v. DEAN

No. 95-4181.

87 F.3d 1212 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. James W. DEAN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 27, 1996.

Attorney(s) appearing for the Case

Kendall Coffey, U.S. Attorney, Anne M. Hayes, Linda Collins Hertz, Jeanne M. Mullenhoff, Miami, FL, Nancy Vorpe Quinlan, Asst. U.S. Atty., West Palm Beach, FL, for appellant.

Joseph S. Karp, P.A., Palm Beach Gardens, FL, for appellee.

Before KRAVITCH, ANDERSON and BARKETT, Circuit Judges.

ON SUA SPONTE RECONSIDERATION

KRAVITCH, Circuit Judge:

In light of the Supreme Court's recent decision in United States v. Ursery, ___ U.S. ___, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996), the court orders that the opinion filed April 24, 1996, 80 F.3d 1535, be modified as follows:

1) Footnote one is deleted in its entirety and replaced with the following:

Because...

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