Alfred Bourgeois v. T.J. WATSON, Warden, and UNITED STATES OF AMERICA

In the
United States Court of Appeals
For the Seventh Circuit
____________________
No. 20-1891
A LFRED BOURGEOIS ,
Petitioner-Appellee,
v.
T.J. WATSON, Warden, and U NITED STATES OF A MERICA ,
Respondents-Appellants.
____________________
Appeal from the United States District Court for the
Southern District of Indiana, Terre Haute Division.
No. 2:19-cv-00392-JMS-DLP — Jane Magnus-Stinson, Chief Judge.
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On Petition for Rehearing and Rehearing En Banc
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December 1, 2020
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Before SYKES , Chief Judge, EASTERBROOK , KANNE , R OVNER ,
WOOD, HAMILTON, BRENNAN, SCUDDER and ST . EVE , Circuit
Judges.
P ER C URIAM. On consideration of petitioner-appellee’s pe-
tition for panel rehearing or rehearing en banc, filed on

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2 No. 20-1891
October 13, 2020, the judges on the original panel have voted
to deny rehearing. A judge in regular active service requested
a vote on the petition for rehearing en banc. A majority of
judges in regular active service voted to deny the petition for
rehearing en banc.
Circuit Judge Wood dissents from the denial of rehearing
en banc, on the ground that in her view the petitioner is enti-
tled to a hearing on his claim that his execution will violate
the Federal Death Penalty Act, 18 U.S.C. § 3596(c), with whom
Circuit Judge Rovner joins.
Accordingly, the petition for panel rehearing or rehearing
en banc filed by petitioner-appellee is DENIED. Pursuant to
the panel’s October 6, 2020 opinion, the mandate shall now
issue immediately.

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