Court of Appeals for the Tenth Circuit January 14, 1986, 84-2360 (United States v. Dwight Eugene Smith)

OPINION ON PETITION FOR REHEARING

McWILLIAMS, Circuit Judge.

In its Petition for Rehearing the government seeks to raise an issue which it had previously conceded. We decline to permit the government to so do, without prejudice, of course, to the end that the government may raise the particular issue in another case, but not in this case on Petition for Rehearing. Rule 40 of the Fed.R.App.P.