USA v. Jose Tapia

Filing 3

Opinion

United States Court of Appeals
For the Seventh Circuit Chicago, Illinois 60604

August 16, 2010 Before RICHARD D. CUDAHY, Circuit Judge RICHARD A. POSNER, Circuit Judge TERENCE T. EVANS, Circuit Judge

UNITED STATES OF AMERICA, PlaintiffAppellee, No. 091426 v. JOSE F. TAPIA, DefendantAppellant.

) ) Appeal from the United States District ) Court for the Northern District of Illinois, ) Western Division. ) ) No. 08 CR 50023 ) ) Frederick J. Kapala, Judge. )

ORDER On consideration of the DefendantAppellant's Petition for Rehearing filed on August 11, 2010, in the abovecaptioned case, all of the judges on the panel have voted to deny rehearing. Therefore, the petition is DENIED. However, the slip opinion is amended to remove the last sentence of the full paragraph on page 15:
Moreover, as stated in the discussion of Rodriguez' testimony, the judge was able to observe and consider the manner and demeanor of the witnesses, and such observations should be given deference. Edwards, 898 F.2d at 1276.