UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Chicago, Illinois 60604 January 11, 2006

Hon. JOEL M. FLAUM, Chief Judge Hon. WILLIAM J. BAUER, Circuit Judge Hon. RICHARD A. POSNER, Circuit Judge

UNITED STATES OF AMERICA, ] ] Appeal from the United Plaintiff-Appellant, ] States District Court for Cross-Appellee, ] the Northern District of ] Illinois, Eastern Division.

Nos. 03-2068 & 04-1377 v. ] ] No. 98 CR 946 IVAN EBERHART, ] ] James B. Zagel, Defendant-Appellee. ] Judge.

Cross-Appellant. ]

ORDER The opinion issued in the above-entitled case on January 10, 2006, is hereby amended as follows:

In the caption, the argued date of October 1, 2004 should be changed to read:

SUBMITTED DECEMBER 27, 2005