United States v. Larry Hammond, A/K/A Larry Hoover

ON PETITION FOR REHEARING

Before WISDOM, GOLDBERG and VANCE, Circuit Judges. GOLDBERG, Circuit Judge:

In the original panel opinion in this case, we found unanimously that the government’s intimidation of Hammond’s witnesses violated his “constitutional right to ‘present his own witnesses to establish a defense’ ” and that, despite his counsel’s agreement to stipulate to the testimony of those witnesses, prejudice resulted. A majority of the panel determined that the conviction should be reversed, although we refused to dismiss the indictment as Ham*863mond requested.1 United States v. Hammond, 598…