United States v. O'Keefe ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
January 13, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-31061
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL O’KEEFE, SR., GARY BENNETT;
JOHN O’BRIEN,
Defendants-Appellants.
Appeals from the United States District Court for
the Eastern District of Louisiana
(95-CR-106)
_________________________________________________________
ON PETITION FOR REHEARING
Before REAVLEY, BENAVIDES and WIENER, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should
not be published and is not precedent except under the limited circumstances set forth in
5TH CIR. R. 47.5.4.
Counsel for O’Keefe contends that our description of one of his arguments was
unduly harsh. We grant the motion for limited panel rehearing as follows. We delete the
following sentence from our opinion:
O’Keefe’s argument to this court that Moore gave “false testimony to the jury that
he had ‘no deal’ with the Government,” O’Keefe’s opening brief at 9, and that in a
post-trial civil deposition Moore “for the first time admitted that, through his
attorney, he did obtain a ‘deal with the government,’” id. at 28, is highly
misleading and a mischaracterization of the record.
We substitute the following sentence in place of the deleted sentence:
O’Keefe’s argues that Moore gave “false testimony to the jury that he had ‘no
deal’ with the Government,” O’Keefe’s opening brief at 9, and that in a post-trial
civil deposition Moore “for the first time admitted that, through his attorney, he
did obtain a ‘deal with the government,’” id. at 28.
There being no other petition for rehearing, the mandate shall issue.
2