United States of America v. JOHN D. GRIES and JAMES McCULLARS

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
December 7, 2017
Before
KENNETH F. RIPPLE, Circuit Judge
ILANA DIAMOND ROVNER, Circuit Judge
DIANE S. SYKES, Circuit Judge
Nos. 15-2432 & 15-2447
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOHN D. GRIES and
JAMES McCULLARS,
Defendants-Appellants.
Appeals from the
United States District Court for the
Southern District of Indiana,
Indianapolis Division.
Nos. 1:11CR00191-010, -011
Sarah Evans Barker,
Judge.
O R D E R
The defendants have petitioned for panel rehearing and rehearing en banc
based in part on an error in the remand instructions contained in the court’s opinion.
On this point the government agrees, as do we. Accordingly, the petition for panel
rehearing is granted, and the opinion issued on September 20, 2017, is withdrawn and
replaced with the attached opinion.
In all other respects, the petition for rehearing is denied. On consideration of the
petition for rehearing en banc, no judge in active service requested a vote. Accordingly,
the petition for rehearing en banc is denied.

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