United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

August 16, 2010

Before

RICHARD D. CUDAHY, Circuit Judge

RICHARD A. POSNER, Circuit Judge

TERENCE T. EVANS, Circuit Judge

UNITED STATES OF AMERICA, ) Plaintiff‐Appellee, ) Appeal from the United States District ) Court for the Northern District of Illinois, No. 09‐1426 ) Western Division. ) v. ) No. 08 CR 50023 ) JOSE F. TAPIA, ) Frederick J. Kapala, Judge. Defendant‐Appellant. )

ORDER

On consideration of the Defendant‐Appellant’s Petition for Rehearing filed on August 11, 2010, in the above‐captioned case, all of the judges on the panel have voted to deny rehearing. Therefore, the petition is DENIED.

However, the slip opinion is amended to remove the last sentence of the full paragraph on page 15:

Moreover, as stated in the discussion of Rodriguez’ testimony, the judge was able to observe and consider the manner and demeanor of the witnesses, and such observations should be given deference. Edwards, 898 F.2d at 1276.