United States v. Binyamin Stimler

Opinion

PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

Nos. 15-4053, 15-4094 & 15-4095 _____________

UNITED STATES OF AMERICA

v.

BINYAMIN STIMLER, Appellant in No. 15-4053

JAY GOLDSTEIN a/k/a Yaakov

JAY GOLDSTEIN, Appellant in No. 15-4094

UNITED STATES OF AMEREICA

MENDEL EPSTEIN, Appellant in No. 15-4095

_______________

On Appeal from the United States District Court for the District of New Jersey (D. C. Nos. 3-14-cr-00287-005, 3-14-cr-00287-003 and 3-14-cr-00287-001)

District Judge: Honorable Freda L. Wolfson ________________ ORDER AMENDING OPINION

The Clerk has been informed of a typographical error in the amended opinion which was filed on July, 17, 2017. Specifically, Justice Blackmun’s name is misspelled in footnote 94 on page 34 of the opinion. The opinion is hereby amended to correct the misspelling in footnote 94 as follows:

The mere fact that the two other individuals were allowed to plead to violations of other statutes does not persuade us otherwise; prosecutors have broad discretion in deciding what to charge and what pleas to accept. See Bordenkircher v. Hayes, 434 U.S. 357, 368 n.2 (1978) (Blackmun, J., dissenting).

For the Court,

Marcia M. Waldron, Clerk

Date: July 19, 2017

CJG/cc: George T. Vickers, Jr. Jerome A. Moschetta, Esq. David R. Fine, Esq. J. Nicholas Ranjan, Esq.