United States v. Ronnie Bryser and Vincent Degerolamo, Gerald Degerolamo

ON PETITION FOR REHEARING

On petition for rehearing, we hold that our decision does not conflict with the holding in United States v. Oliveras, 905 F.2d 623 (2d Cir.1990).

The petition for rehearing is denied.

WINTER, Circuit Judge:

After the denial of rehearing by the panel and in response to DeGerolamo’s suggestion for rehearing in banc, the matter was referred back to the panel to address the argument that United States v. Oliveras, 905 F.2d 623 (2d Cir.1990), requires reversal. We write to indicate why we believe that Oliver-as is entirely distinguishable. Familiarity with our prior decision,…