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United States v. Universal Rehabilitation Services (Pa), Inc., Richard J. Lukesh ( 1999 )


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  • 173 F.3d 914

    UNITED STATES of America
    v.
    UNIVERSAL REHABILITATION SERVICES (PA), INC., Appellant.
    Richard J. Lukesh, Appellant.

    Nos. 97-1412, 97-1414, 97-1468.

    United States Court of Appeals,
    Third Circuit.

    May 4, 1999.

    Present: BECKER, Chief Judge, SLOVITER, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, MCKEE, and RENDELL, Circuit Judges.

    Prior report: 167 F.3d 172

    ORDER

    BECKER, Chief Judge.

    It is hereby ORDERED that

    1

    1. The motion to vacate the Order granting rehearing en banc is denied;

    2

    2. The motion for leave to file a response to Government's Petition for Rehearing is denied; and

    3

    3. The case number 97-1468 is hereby removed from the Order dated April 15, 1999 granting Rehearing En Banc.

    4

    The parties shall file supplemental memoranda in which they set forth what factors should be considered by the District Court in ruling on the admissibility of a testifying co-conspirator's guilty plea; what Third Circuit cases set forth these factors as a consideration; and how these factors apply to the facts of the case before us. Appellant shall file a memorandum within 3 weeks and the Government shall have 2 weeks to reply.