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U.S. v. Stafford

United States Court of Appeals, Seventh Circuit
Mar 18, 1998
136 F.3d 1115 (7th Cir. 1998)

Summary

suggesting a similar view in dicta

Summary of this case from Young v. Davis

Opinion

No. 97-1542.

DECIDED March 18, 1998.

Appeal from the United States District Court for the Western District of Wisconsin, Barbara B. Crabb, Judge.

Before POSNER, Chief Judge, COFFEY, Circuit Judge, and ROVNER, Circuit Judge.


ORDER

On the basis of the petition for rehearing filed in this matter by defendant Stafford, the court hereby modifies its decision of February 3 to order that Stafford be resentenced on the same ground (no violation of 18 U.S.C. § 2314) that the decision had ordered the resentencing of his codefendant Allison. We thought that Stafford had waived this ground, but the petition for rehearing reminds us of an order entered by this court last year allowing him to adopt without separate briefing the arguments of his codefendant. The order was not referenced in his brief, in which he stated that he was adopting Allison's statement of facts but did not indicate that he was adopting any of Allison's arguments. As we had merely permitted, and not directed, Stafford to adopt Allison's argument, the silence in the brief could be interpreted as a decision not to adopt Allison's section 2314 argument. But rather than stand on a technicality, we direct that Stafford be resentenced too.


Summaries of

U.S. v. Stafford

United States Court of Appeals, Seventh Circuit
Mar 18, 1998
136 F.3d 1115 (7th Cir. 1998)

suggesting a similar view in dicta

Summary of this case from Young v. Davis
Case details for

U.S. v. Stafford

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Paul R. STAFFORD, Sr.…

Court:United States Court of Appeals, Seventh Circuit

Date published: Mar 18, 1998

Citations

136 F.3d 1115 (7th Cir. 1998)

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