Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

12-23-2005

USA v. Lore Precedential or Non-Precedential: Precedential

Docket No. 03-3043

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Recommended Citation "USA v. Lore" (2005). 2005 Decisions. Paper 9. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/9

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 2005 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Nos. 03-3043, 03-3217, 03-4349, 03-4350

UNITED STATES OF AMERICA

v.

JOSEPH LORE,

Appellant in No. 03-3043

UNITED STATES OF AMERICA

v.

DENISE BOHN,

Appellant in No. 03-3217

UNITED STATES OF AMERICA

v.

JOSEPH PELLICCIA,

Appellant in No. 03-4349

UNITED STATES OF AMERICA

v.

WILLIAM HURLEY,

Appellant in No. 03-4350 On Appeal from the United States District Court for the District of New Jersey (D.C. Crim. No. 99- cr-00292-4/3/6/5) Honorable Mary Little Cooper, District Judge

Submitted under Third Circuit LAR 34.1(a) October 28, 2005

BEFORE: SLOVITER, FISHER, and GREENBERG, Circuit Judges

(Filed: December 2, 2005)

ORDER AMENDING OPINION

It is hereby ordered that the last complete sentence in the first complete paragraph on page 30 of the slip opinion in this case is deleted. The sentence deleted reads as follows:

Moreover, notwithstanding the alternative to the loss calculation, the problem of enhancements based upon facts found by the district court by a preponderance of the evidence still remains. See Lore App. at 267-77 (district court imposing enhancement for obstruction of justice based upon a preponderance of the evidence.

By the court,

/s/ Morton I. Greenberg Circuit Judge

DATED: December 23, 2005 DMM/cc: Marc Fernich, Esq. Michael P. Koribanics, Esq. Mr. Joseph Pelleccia Leonard Meyerson, Esq. George S. Leone, Esq. David B. Lat, Esq.

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