allegations" from the indictment, and thus, erroneously reviewed the district court's ruling under

US v. Schuler, No. 05-8067 (10th Cir. November 15, 2006)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. http://laws.lp.findlaw.com/getcase/10th/case/058067&exact=1