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The not precedential opinion in the above captioned matter filed on October 6, 2010, is AMENDED as follows: The term “magistrate judge” that appears on pages 5 - 10 and 13-16 of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