Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

3-24-2009

USA v. Terpack Precedential or Non-Precedential: Non-Precedential

Docket No. 07-1329

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Recommended Citation "USA v. Terpack" (2009). 2009 Decisions. Paper 1706. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1706

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 2009 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 March 17, 2009 No. 07-1329

UNITED STATES OF AMERICA

v.

WALTER M. TERPACK,

Appellant. (D.C.N.J. No. 05-cr-00877)

Present: SLOVITER, BARRY and ROTH, Circuit Judges

Motion by Appellee to Amend Opinion Entered on 3/11/09.

/s/ Tina Koperna Case Manager (267)299-4930

ORDER

The foregoing motion is granted and the Opinion is amended, as follows:

On Page 2, four lines down, change the sentence to read:

The Court, however, determined that because Terpack entered a guilty plea to receipt of images of child pornography under 18 U.S.C. § 2252A(a)(2) and to the lesser included offense of possession of the same images under 18 U.S.C. §2252A(a)(5)(B), the entry of separate convictions for the same offense contravened the double jeopardy clause.

By the Court,

/s/ JANE R. ROTH Circuit Judge

Dated: March 24, 2009 tmk/cc: Sabrina G. Comizzoli, Esq. George S. Leone, Esq. John F. Romano, Esq. Joseph R. Rubino, Esq.