United States v. George Lynch and Christopher Moscinski

It is further noted that a request for an en banc vote having been made by a judge of the panel that heard the appeal, and a poll of the judges in regular active service having been taken and there being no majority in favor thereof, rehearing en banc is DENIED. Judges Kearse, Leval, Ca-branes, Parker, Pooler, and Sotomayor dissent from the denial of en banc reconsideration.

My views with respect to this appeal are set forth in my opinion concurring in the majority opinion of the panel, United States v. Lynch, 162 F.3d 732, 736 (2d Cir.1998). “Willfulness” is an element of the crime with which…