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3-24-2009 USA v. Terpack Precedential or Non-Precedential: Non-Precedential Docket No. 07-1329

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "USA v. Terpack" (2009). 2009 Decisions. Paper 1706. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1706

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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 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.