Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit

2-20-2004

USA v. Rivera Precedential or Non-Precedential: Precedential

Docket No. 02-3067

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Recommended Citation "USA v. Rivera" (2004). 2004 Decisions. Paper 947. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/947

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 02-3067

UNITED STATES OF AMERICA,

Appellee

v.

ISAAC RIVERA,

Appellant

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

District Court Judge: Honorable Jerome B. Simandle (D.C. Crim. No. 01-cr-00373-5)

Argued: December 4, 2003

Before: SLOVITER and ALITO, Circuit Judges, and OBERDORFER,* District Judge.

ORDER AMENDING OPINION

* The Honorable Louis F. Oberdorfer, Senior District Judge for the District of Columbia, sitting by designation. IT IS ORDERED that the slip opinion in the above case, filed February 9, 2004, be

amended as follows:

Footnote 4 should be revised to read as follows:

The availability of de novo review on appeal regardless of whether Rivera formally objected to the government’s advocacy makes it unnecessary for us to pursue the question of whether this indirect notice entitles Rivera to de novo review on independent grounds.

Footnote 6 should be deleted in its entirety and prior footnotes 7, 8 and 9 should be

renumbered accordingly.

By the Court,

/s/ Louis F. Oberdorfer District Judge

Dated: February 20, 2004