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U.S. Court of Appeals for the Second Circuit, 1995

United States v. Jose Muniz

United States v. Jose Muniz
U.S. Court of Appeals for the Second Circuit · Decided December 6, 1995
71 F.3d 93; 1995 U.S. App. LEXIS 38400 (Federal Reporter, Third Series)

United States v. Jose Muniz

Opinion

71 F.3d 93

UNITED STATES of America, Appellee,
v.
Jose MUNIZ, Defendant-Appellant.

No. 1163, Docket 94-1470.

United States Court of Appeals,
Second Circuit.

Dec. 6, 1995.

Before: LUMBARD, KEARSE, and LEVAL, Circuit Judges.

1

IT IS HEREBY ORDERED that the majority opinion, filed on June 29, 1995, 60 F.3d 65, is amended as follows:

2

Page 5301, line 12 (at end of sentence "... from the jury's consideration."), add footnote, as follows:

3

We note in response to the petition for rehearing that the following discussion is included as guidance for trial judges. The gun has not been considered as part of the evidence justifying the finding of sufficiency to pass the "plain error" test.

4

SO ORDERED.

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