United States v. Jay Goldstein

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 15-4094

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UNITED STATES OF AMERICA

v.

JAY GOLDSTEIN a/k/a Yaakov

JAY GOLDSTEIN,

Appellant

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On Appeal from the United States District Court for the District of New Jersey (D.N.J. No. 3-14-cr-00287-003)

District Judge: Honorable Freda L. Wolfson

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SUR PETITION FOR PANEL REHEARING

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Before: CHAGARES, RESTREPO, and ROTH, Circuit Judges

The petition for rehearing filed by Appellant in the above-entitled case having been submitted to the judges who participated in the decision of this court, it is hereby O R D E R E D that the petition for panel rehearing is GRANTED. The opinion entered July 7, 2017 and amended on July 17, 2017 is hereby VACATED as to appeal 15-4094 only.

The Court directs that counsel provide it with supplemental letter memoranda on the subject of cell site location information and the applicability to this case of the Supreme Court’s decision in Carpenter v. United States, 585 U.S. ___, 138 S.Ct. 2206 (2018). The letter memoranda shall not exceed 10 pages in length and shall be filed by September 25, 2018.

By the Court,

s/ JANE R. ROTH Circuit Judge

Dated: August 30, 2018 CJG/cc: Mark E. Coyne, Esq.

Norman Gross, Esq. Glenn J. Moramarco, Esq. Aidan P. O'Connor, Esq.