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

4-15-2005

USA v. King Precedential or Non-Precedential: Non-Precedential

Docket No. 03-4715

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Recommended Citation "USA v. King" (2005). 2005 Decisions. Paper 1355. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1355

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

No: 03-4715

UNITED STATES OF AMERICA

v.

LORENZO M. KING,

Appellant

Appeal from the United States District Court for the Western District of Pennsylvania (Crim. No. 03-cr-00122) District Court: Hon. Gustave Diamond, Chief Judge

Argued: September 21, 2004

Before: McKEE, Circuit Judge, and ROSENN and WEIS, Senior Circuit Judges

ORDER

IT IS HEREBY ORDERED, that the Not-Precedential Opinion filed in this case

on April 14, 2005, be amended as follows:

In Footnote 2, in the next to the last line, the sentence should read:

“Moreover, to the extent the sentencing court may decide to enhance a sentence based upon factors such as those incorporated into the sophisticated means enhancement, it must rely only upon conduct admitted by the defendant or found by the fact finder based upon proof beyond a reasonable doubt.”

IT IS SO ORDERED.

BY THE COURT: /s/ Theodore A. McKee Circuit Judge

DATED: April 15, 2005 CMH/cc: KSG, KRL