United States v. Tamika Riley

Opinion

PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________________

Nos. 08-3361, 08-3413, 08-3758, and 08-3759 ___________________

UNITED STATES OF AMERICA, Appellee and Cross-Appellant

v.

TAMIKA RILEY AND SHARPE JAMES Appellants and Cross-Appellees

___________________

On Appeal from the United States District Court for the District of New Jersey (D.C. No. 2-07-cr-00578) District Judge: Honorable William J. Martini ___________________

Argued April 13, 2010

Before: SLOVITER and NYGAARD, Circuit Judges, and RESTANI,* Judge

ORDER AMENDING OCTOBER 21, 2010 ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the order amending opinion in the above case, filed October 21, 2010, be amended as follows:

* Honorable Jane A. Restani, Chief Judge of the United States Court of International Trade, sitting by designation. Page 15, first sentence of the first full paragraph which read: While it is true that the jury convicted James of a substantive violation referred to in one of the alternative descriptions of duty, 18 U.S.C. § 666 (Count 4), dependents have met their burden of showing a reasonable probability that the jury utilized the broad definition of an honest services violation given in connection with the entire conspiracy charge.

shall read: While it is true that the jury convicted James of a substantive violation referred to in one of the alternative descriptions of duty, 18 U.S.C. § 666 (Count 4), defendants have met their burden of showing a reasonable probability that the jury utilized the broad definition of an honest services violation given in connection with the entire conspiracy charge.

BY THE COURT,

/s/ Jane A. Restani Judge

DATED: October 27, 2010