UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

10-1357 _____________

UNITED STATES OF AMERICA

v.

DUSTAN DENNINGTON, Appellant _____________

On Appeal from the United States District Court for the Western District of Pennsylvania

District Court No. 1:07-cr-00043-001

District Judge: The Honorable Sean J. McLaughlin _____________

Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 17, 2010

Before: SLOVITER, BARRY, and SMITH, Circuit Judges

ORDER

The not precedential opinion in the above captioned matter filed on October 6, 2010, is AMENDED as follows: The term “magistrate judge” that appears on pages 5 - 10 and 13-16 of the opinion shall be capitalized so that it appears as “Magistrate Judge.”

By the Court,

/s/ D. Brooks Smith U.S. Circuit Judge

October 7, 2010 tmk/cc: Robert L. Eberhart, Esq. Thomas W. Patton, Esq.