UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT June 21, 2010

No. 09-2793 UNITED STATES OF AMERICA v. LUKE GATLIN, Appellant

(D.C. DE. No. 06-cr-00028-001)

Present: RENDELL, AMBRO and FUENTES, Circuit Judges Motion by Appellee, United States Of America, to Designate Opinion dated June 15, 2010 as Precedential.

/s/Maria L. Reyes Case Manager (267)299-4937 Attached is the Opinion dated 06/15/2010.

ORDER The foregoing Motion by Appellee to Designate Opinion as Precedential is granted. The Court’s Not Precedential Opinion of June 15, 2010, is hereby vacated. A modified Precedential Opinion will be filed forthwith.

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Dated: July 15, 2010 09-2793 USA v. Luke Gatlin Page 2

DWB/cc: Seth M. Beausang, Esq.

Ilana H. Eisenstein , Esq.

Robert D. Goldberg, Esq.