United States v. Thomas

Opinion

Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit

5-4-2006

USA v. Thomas Precedential or Non-Precedential: Non-Precedential

Docket No. 04-2579

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Recommended Citation "USA v. Thomas" (2006). 2006 Decisions. Paper 1159. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/1159

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT April 10, 2006 No. 04-2579

United States of America

v.

Hassan Thomas, Appellant (MD/PA Criminal No. 03-cr-00062-2)

Present: RENDELL, STAPLETON, Circuit Judges and GILES, District Judge.

Motion by Appellee USA to Amend Opinion.

/s/Lynn M. Lopez Response due 4/20/06 Case Manager (267)299-4922 Opinion & Judgment entered 3/29/06. Mandate due to issue 4/20/06.

ORDER AMENDING OPINION The foregoing motion is GRANTED and the not precedential opinion filed in the above referenced case on 3/29/06 is amended as follows:

At the tenth line of the opinion, the sentence beginning with “After Booker,” is amended to read:

After Booker, such facts may be found by the District Judge, but only if the sentencing guidelines are applied in an advisory manner. Id. at 764-68.

By the Court,

/s/ Marjorie O. Rendell Circuit Judge Dated: May 4, 2006 LML/cc: William A. Behe, Esq. Theodore B. Smith III, Esq. Joshua D. Lock, Esq.