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15-1686 - USA v. Joshua Gillespie

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15-1686 - USA v. Joshua Gillespie
August 29, 2016
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Filed opinion of the court by Judge Sykes. A panel heard argument in both appeals on the same day. The panel prepared an opinion proposing to overrule Tichenor and circulated it to the full court in accordance with Circuit Rule 40(e). An en banc vote followed, and a majority of the court approved. This, then, is the opinion of the en banc court. Accordingly, we VACATE the defendants’ sentences and REMAND for resentencing. Diane P. Wood, Chief Judge; Richard A. Posner, Circuit Judge, dissenting; Joel M. Flaum, Circuit Judge, dissenting; Frank H. Easterbrook, Circuit Judge, dissenting; Michael S. Kanne, Circuit Judge; Ilana Diamond Rovner, Circuit Judge; Ann Claire Williams, Circuit Judge; Diane S. Sykes, Circuit Judge; and David F. Hamilton, Circuit Judge, dissenting. [6778819-1] [6778819] [14-3611, 15-1686]