United States v. Johnson

LIPEZ, Circuit Judge.

Following the panel’s decision in this case, see United States v. Johnson, 437 F.3d 157 (1st Cir.2006), appellants moved for rehearing en banc, noting the Supreme Court’s grant of certiorari in United States v. Rapanos, 376 F.3d 629 (6th Cir.2004). We held their petition in abeyance pending a decision in that case. Following the decision in Rapanos v. United States, 547 U.S. -, 126 S.Ct. 2208, 165 L.Ed.2d 159 (2006), appellants supplemented their previous petition. They request that we grant rehearing en banc to resolve the conflict between the panel decision and Rapanos,…