United States v. Stamatios Kousisis

U.S. Court of Appeals for the Third Circuit
United States v. Stamatios Kousisis, 81 F.4th 1260 (3d Cir. 2023)

United States v. Stamatios Kousisis

Opinion

                                UNITED STATES COURT OF APPEALS
                                     FOR THE THIRD CIRCUIT
                                          _____________

                                            Nos. 19-3679 & 19-3774
                                                _____________

                                     UNITED STATES OF AMERICA

                                                             v.

                                          STAMATIOS KOUSISIS,
                                              a/k/a Tom Kousisis, Appellant in No. 19-3679


                                     UNITED STATES OF AMERICA

                                                             v.

                         ALPHA PAINTING & CONSTRUCTION CO., INC.,
                                                     Appellant in No. 19-3774

                                                ______________

                            On Appeal from the United States District Court
                                for the Eastern District of Pennsylvania
                     (District Court Nos. 2:18-cr-00130-001 & 2:18-cr-00130-03)
                          District Judge: The Honorable Wendy Beetlestone

       PETITION FOR PANEL REHEARING AND/OR REHEARING EN BANC


     Present: CHAGARES, Chief Judge, JORDAN, HARDIMAN, SHWARTZ, KRAUSE,
     RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY-
                   REEVES, CHUNG, and McKEE *, Circuit Judges

           The petition for rehearing filed by Appellants in the above-entitled cases having

been submitted to the judges who participated in the decision of this Court and to all the



*
    Judge McKee’s vote is limited to panel rehearing only.
other available circuit judges of the circuit in regular active service, and a majority of the

judges of the circuit in regular service not having voted for rehearing, the petition for

rehearing by the Court en banc is denied.

       It is hereby ordered that the petition for rehearing by the panel is granted in part

with respect to Alpha Painting and Construction’s claim that the Court failed to address

all of Alpha’s statutory challenges to the forfeiture order. The opinion and judgment

entered April 21, 2023 are hereby vacated. The judges who participated in the decision

of this Court will issue an amended opinion. Additionally, the District Court’s forfeiture

order will be addressed in a separate opinion. Judgment will be entered in these matters

upon issuance of the opinion on the forfeiture order.


                                                    BY THE COURT,


                                                    s/ Theodore A. McKee
                                                    Circuit Judge
Dated: September 21, 2023


Reference

Status
Published