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United States v. Gregory

filed: July 20, 1989.

UNITED STATES OF AMERICA, PLAINTIFF - APPELLANT
v.
JAY GREGORY, SHERIFF OF PATRICK COUNTY, A CONSTITUTIONAL OFFICER OF THE COMMONWEALTH OF VIRGINIA AND ELECTED UNDER THE LAWS OF THE COMMONWEALTH, DEFENDANT - APPELLEE AND JESSE WILLIAMS, SHERIFF OF PATRICK COUNTY, DEFENDANT



On Petition for Rehearing with Suggestion for Rehearing In Banc

Order

The appellees' petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judges Russell, Widener, Chapman, and Wilkins voted to rehear the case in banc; Chief Judge Ervin and Judges Winter, Hall, Phillips, Sprouse, and Murnaghan voted against rehearing the case in banc. Judge Wilkinson was disqualified from participation. As a majority of the Judges voted to deny rehearing in banc, and

As the panel considered the petition for rehearing and is of the opinion that it should be denied,

IT IS ADJUDGED and ORDERED that the petition for rehearing and suggestion for rehearing in banc are denied.

Entered at the direction of Judge Murnaghan with the concurrence of Judge Hall and Judge Howard, United States District Judge for the Eastern District of North Carolina sitting by designation.

19890720

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