United States Tenth Circuit

A petition for rehearing is granted in part where the panel overlooked defendant's pre-trial motion to strike "sentencing enhancement allegations" from the indictment, and thus, erroneously reviewed the district court's ruling under a plain error standard, rather than abuse of discretion standard. Nevertheless, under the proper standard of review, there was no abuse of discretion in a refusal to strike objected-to language from the indictment.

Appellate Information

• Decided 11/15/2006
• Published 11/16/2006

Judges

• McKAY, Circuit Judge., Before KELLY, McKAY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robert T. Moxley, P.C., Cheyenne, WY, for Defendant-Appellant., Lisa E. Leschuck, Assistant United States Attorney (Matthew H. Mead, United States Attorney, with her on the brief), District of Wyoming, Cheyenne, WY, for Plaintiff-Appellee.