UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

December 3, 2009

No. 01-4318

UNITED STATES OF AMERICA

v.

John Charles Kenney, Appellant (M. D. Pa No. 99-cr-00280)

Present: HARDIMAN, GREENBERG, and ROTH, Circuit Judges*

1. Expedited Motion by Appellant to Recall the Mandate;

2. Appellant’s Addendum to Motion to Recall the Mandate;

3. Response by Appellee to Expedited Motion to Recall the Mandate.

4. Reply by Appellant to Response by Appellee in Opposition to Appellant's Motion to Recall the Mandate

5. Exhibits in Support of Appellant’s Reply to Response by Appellee in Opposition to Appellant’s Motion to Recall the Mandate

6. Exhibits in Support of Appellant’s Reply to Response by Appellee in Opposition to Appellant’s Motion to Recall the Mandate

/s/ Dana M. Moore Opinion and Judgment Issued on 11/7/02. Dana M. Moore, Legal Assistant M andate Issued 11/29/02. (267) 299-4927 ORDER The foregoing motion to recall the mandate is hereby DENIED.

By the Court,

/s/ Thomas M. Hardiman Circuit Judge

Dated: August 20, 2010 DMM/cc: Mr. John Charles Kenney Frederick E. Martin, Esq.

________________________________________ * The Honorable Robert J. Ward, United States District Judge for the Southern District of New York, who was a member of the coram by designation, has since passed away. Circuit Judge Thomas M. Hardiman has been added to the coram.