United States v. Sparrow

Opinion

Opinions of the United

2004 Decisions States Court of Appeals for the Third Circuit

6-25-2004

USA v. Sparrow Precedential or Non-Precedential: Precedential

Docket No. 02-3571

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Recommended Citation "USA v. Sparrow" (2004). 2004 Decisions. Paper 536. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/536

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 02-3571

UNITED STATES OF AMERICA

v.

GAYLORD SPARROW,

Appellant

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal Action No. 99-cr-00290) District Judge: Honorable Harvey Bartle, III

Submitted Under Third Circuit LAR 34.1(a)

March 23, 2004

Before: ROTH, AMBRO, and CHERTOFF, Circuit Judges

(Opinion filed June 15, 2004)

Stephen J. Binhak, Esq. 3103 Philmont Avenue Huntingdon Valley, PA 19006

Attorney for Appellant

Patrick L. Meehan United States Attorney Laurie Magid Deputy United States Attorney Emily McKillip Assistant United States Attorney Judy Goldstein Smith Assistant United States Attorney

2

615 Chestnut Street Philadelphia, PA 19106

Attorneys for Appellee

ORDER AMENDING PUBLISHED OPINION

AM BRO, Circuit Judge

It is now ordered that the published Opinion in the above case filed June 15, 2004, be amended as follows:

On the first page, first line of the opinion, delete the words “seeks a writ of habeas corpus in” and replace it with the words “appeals the denial of his petition under 28 U.S.C. § 2255 with” so that the sentence reads: “Gaylord Sparrow appeals the denial of his petition under 28 U.S.C. § 2255 with regard to his conviction and sentence . . . .”

On the first page, last line of the introductory paragraph, delete the word “habeas.”

On the second page, first column, last two lines through the first line of the second column, delete the phrase “for a writ of habeas corpus” and delete the “,” between “§ 2255” and “alleging” so that the sentence reads: “Sparrow then filed a petition pursuant to 28 U.S.C. § 2255 alleging ineffective assistance of counsel.”

On the fourth page, second column, delete the last full sentence and replace it with “Thus we affirm the District Court’s decision denying Sparrow’s § 2255 petition.”

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Dated: June 25, 2004