v.
Denalli
Eleventh Circuit.
No. 94-3067.
UNITED STATES of America, Plaintiff-Appellee,
v.
Raymond Joseph DENALLI, Defendant-Appellant.
Aug. 1, 1996.
Appeal from the United States District Court for the Middle
District of Florida (No. 94-34-Cr-Orl-18); G. Kendall Sharp,
Judge.
ON PETITION FOR REHEARING
(Opinion Jan. 23, 1996, 11th Cir., 1996, 73 F.3d 328.)
Before HATCHETT and BIRCH, Circuit Judges, and GODBOLD, Senior Circuit Judge.
PER CURIAM:
The petition for rehearing filed by the United States is GRANTED to the following extent:
The first full paragraph in the right hand column of 73 F.3d 329 is deleted and replaced by the following:
We easily conclude that the Federles' private residence was not used in interstate or foreign commerce; therefore, this court must determine only if the residence was used in any activity affecting interstate or foreign commerce.
The first sentence of the paragraph on 73 F.3d 330 labeled as [2] is deleted and replaced by the following:
[2] Lopez required the government to prove that Federles' private residence was used in an activity that had a substantial effect on interstate commerce.
In all other respects the petition for rehearing is DENIED.