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  • United States v. George Rodgers, 972 F.2d 1253, 11th Cir. (1992)

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    George Rodgers appealed his conviction in the United States Court of Appeals for the Eleventh Circuit. In a prior opinion, the court assessed a three-level sentencing increase, but upon Rodgers' petition for rehearing, the last paragraph of part A of the prior opinion was withdrawn. The court stated it saw no reason to differ from other circuits' conclusions on the relevant question, and that the district court had erred in assessing the three-level increase. The remainder of the prior opinion remained unchanged.

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    Filed: 1992-09-22 Precedential Status: Precedential Citations: 972 F.2d 1253 Docket: 90-7140

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    George Rodgers appealed his conviction in the United States Court of Appeals for the Eleventh Circuit. In a prior opinion, the court assessed a three-level sentencing increase, but upon Rodgers' petition for rehearing, the last paragraph of part A of the prior opinion was withdrawn. The court stated it saw no reason to differ from other circuits' conclusions on the relevant question, and that the district court had erred in assessing the three-level increase. The remainder of the prior opinion remained unchanged.

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    United States v. George Rodgers, 972 F.2d 1253, 11th Cir. (1992)

    Uploaded by

    Scribd Government Docs
    George Rodgers appealed his conviction in the United States Court of Appeals for the Eleventh Circuit. In a prior opinion, the court assessed a three-level sentencing increase, but upon Rodgers' petition for rehearing, the last paragraph of part A of the prior opinion was withdrawn. The court stated it saw no reason to differ from other circuits' conclusions on the relevant question, and that the district court had erred in assessing the three-level increase. The remainder of the prior opinion remained unchanged.

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    of 1

    972 F.

    2d 1253

    UNITED STATES of America, Plaintiff-Appellee,


    v.
    George RODGERS, Defendant-Appellant.
    No. 90-7140.

    United States Court of Appeals,


    Eleventh Circuit.
    Sept. 22, 1992.

    T. Jefferson Deen, III, Clark, Deen & Copeland, P.C., Mobile, Ala., for
    defendant-appellant.
    Charles A. Kandt, Richard H. Loftin, Asst. U.S. Attys., George A. Martin,
    Mobile, Ala., for plaintiff-appellee.
    Prior report: 11 Cir., 951 F.2d 1220.
    Appeal from the United States District Court for the Southern District of
    Alabama, William Brevard Hand.
    ON PETITION FOR REHEARING
    Before KRAVITCH and EDMONDSON, Circuit Judges, and
    GODBOLD, Senior Circuit Judge.
    PER CURIAM:

    The last paragraph of part A of our 28 January 1992 opinion is hereby


    withdrawn in its entirety. In its place we make this statement:

    We see no reason to differ from the conclusion reached in other circuits on this
    question. The district court erred in assessing the three level increase.

    The judgment of the Court and the remainder of the opinion are unchanged.

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