234 F3d 36 United States of America v. Archibald R Schaffer III

234 F.3d 36 (D.C. Cir. 2000)

UNITED STATES OF AMERICA, APPELLANT
v.
ARCHIBALD R. SCHAFFER III, APPELLEE

No. 99-3153

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

November 22, 2000.

Before: EDWARDS, Chief Judge, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL and GARLAND, Circuit Judges.

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Circuit Judges Sentelle, Randolph, and Garland did not participate in this matter.

Prior Report: 214 F.3d 1359

ORDER

PER CURIUM

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Upon consideration of appellee's petition for rehearing en banc, the response thereto, and the vote by a majority of the judges of the court in regular active service in favor of the petition, it is

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ORDERED that the petition be granted. This case will be reheard by the court sitting en banc. The judgment filed on June 27, 2000 is hereby vacated. It is

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FURTHER ORDERED that oral argument before the en banc court will be heard at 10:00 A.M. on Wednesday, April 4, 2001. It is

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FURTHER ORDERED that the parties shall submit thirty copies each of briefs and the appendix in accord with the following schedule:

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Appellant's Brief and           January 16, 2001
Appendix
Appellee's Brief                February 16, 2001
Appellant's Reply Brief         March 2, 2001
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Along with any other issues deemed appropriate, the briefs shall address the following:

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(1.) The application of Thompson v. United States, 188 F.2d 652 (D.C.Cir.1951)

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(2.) Whether appellee's request for a new trial satisfied the requirements of Federal Rule of Criminal Procedure 33

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(3.) The extent of deference due to the judgment of the trial court in the granting of a new trial.