Opinions of the United 2008 Decisions States Court of Appeals for the Third Circuit 1-17-2008 USA v. Tomko Precedential or Non-Precedential: Precedential Docket No. 05-4997 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008 Recommended Citation "USA v. Tomko" (2008). 2008 Decisions. Paper 1649. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/1649 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2008 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 05-4997 UNITED STATES OF AMERICA, Appellant v. WILLIAM TOMKO On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 04-cr-00108) District Judge: Honorable Gary L. Lancaster Present: SMITH, FISHER and COWEN, Circuit Judges. SUR PETITION FOR PANEL REHEARING The petition for panel rehearing filed by Appellee having been submitted to the judges who participated in the decision of this court, it is hereby ORDERED that the petition for panel rehearing is GRANTED. The opinion filed August 20, 2007, is hereby VACATED, and a subsequent opinion will be issued. BY THE COURT: /s/ D. Michael Fisher Circuit Judge Dated: January 17, 2008 clc\cc: Alan Hechtkopf, Esq. S. Robert Lyons, Esq. Cynthia R. Eddy, Esq. J. Alan Johnson, Esq.