Epis
United States v. Epis
Opinion
Lead Opinion
ORDER
The Memorandum disposition filed on April 8, 2009, 324 Fed.Appx. 560 , is amended per the Amended Memorandum filed concurrently with this Order.
The panel has voted to deny Appellant’s Petition for Rehearing and/or Rehearing En Banc.
The full court has been advised of the petition for rehearing en banc, and no judge requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for rehearing and the petition for rehearing en banc are DENIED.
No further petitions for rehearing or rehearing en banc will be accepted.
AMENDED MEMORANDUM **
Bryan Epis (“Epis”) was convicted under the Controlled Substances Act (“CSA”), 21 U.S.C. §§ 841 (a)(1), 846, 860(a), for conspiracy to manufacture 1,000 marijuana plants within 1,000 feet of a school and for manufacture of 100 marijuana plants within 1,000 feet of a school. He appeals his conviction on several grounds, claiming improper retroactive application to his case of Supreme Court rulings, pros-ecutorial misconduct during his trial, an erroneous denial of judgment for acquittal, improper cross-examination regarding a prior marijuana cultivation arrest, and a claimed deficiency in the conspiracy count…
Concurring Opinion
Rawlinson, J.
concurring:
I concur in the result.