OK, X (below) was good, but same day, United States v. Joiner, No. 12--4508 (6th Cir. Aug. 20, 2013) (for publication), comes out. Judges Boggs, McKeague, and Beckwith (S.D. Ohio). This latter opinion comes to the opposite conclusion from that expressed in X: the new FSA mand mins do not apply.
Also on the same day, the COA filed an opinion-correction letter in X, a letter not available to the public. So the X opinion has been "corrected," but not publically. And the COA has allowed an extension of time for the gov to seek rehearing in X.
So we wait. . . .
