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UNITED STATES v. KOUSISIS 19 3679 (2023)

United States Court of Appeals, Third Circuit.

UNITED STATES of America v. Stamatios KOUSISIS, a/k/a Tom Kousisis, Appellant in No. 19-3679

United States of America v. Alpha Painting & Construction Co., Inc., Appellant in No. 19-3774

Nos. 19-3679 & 19-3774

Decided: September 21, 2023

Present: CHAGARES, Chief Judge, JORDAN, HARDIMAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY-REEVES, CHUNG, and McKEE *, Circuit Judges

Paul G. Shapiro, Esq., David E. Troyer, Esq., Office of United States Attorney, Philadelphia, PA, for United States of America. Jesse D. Abrams-Morley, Esq., Cedrone & Mancano, Philadelphia, PA, Mark E. Cedrone, Esq., Saxton & Stump, Philadelphia, PA, Lisa A. Mathewson, Esq., Philadelphia, PA, for Appellant in No. 19-3679. Lisa A. Mathewson, Esq., Philadelphia, PA, for Appellant in No. 19-3774. Lawrence S. Lustberg, Esq., Gibbons, Newark, NJ, for Amici Appellants Americans for Prosperity Foundation, Due Process Institute, Cato Institute, National Association of Criminal Defense Lawyers.

PETITION FOR PANEL REHEARING AND/OR REHEARING EN BANC

The petition for rehearing filed by Appellants in the above-entitled cases having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and a majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the Court en banc is denied.

It is hereby ordered that the petition for rehearing by the panel is granted in part with respect to Alpha Painting and Construction's claim that the Court failed to address all of Alpha's statutory challenges to the forfeiture order. The opinion and judgment entered April 21, 2023 are hereby vacated. The judges who participated in the decision of this Court will issue an amended opinion. Additionally, the District Court's forfeiture order will be addressed in a separate opinion. Judgment will be entered in these matters upon issuance of the opinion on the forfeiture order.

Theodore A. McKee, Circuit Judge

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UNITED STATES v. KOUSISIS 19 3679 (2023)

Docket No: Nos. 19-3679 & 19-3774

Decided: September 21, 2023

Court: United States Court of Appeals, Third Circuit.

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