Thomas Henry Carter v. United States of America

DANAHER, Circuit Judge

(dissenting):

In my dissent from the original opinion, I had already sought to make clear my view that the case was being decided erroneously. I now observe only that nothing presently said seems to establish a firmer foundation for the position reached by the majority. Rather, the Supplemental Opinion serves to reemphasize the existence of areas respecting which we should have the benefit of oral argument.

I would grant the Government’s petition for rehearing.