PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _________________ No. 09-2793 _________________

UNITED STATES OF AMERICA v. LUKE GATLIN, Appellant _________________

Appeal from the United States District Court for the District of Delaware (D.C. Criminal Action No. 1-06-cr-00028-001) District Judge: Honorable Gregory M. Sleet _________________ Argued March 24, 2010 _________________

Before: RENDELL, AMBRO, and FUENTES, Circuit Judges (Opinion filed June 15, 2010) ORDER AMENDING PRECEDENTIAL OPINION AMBRO, Circuit Judge IT IS NOW ORDERED that the published Opinion in the above case filed June 15, 2010, be amended as follows: One page 3, first full paragraph, line 5, insert “, Delaware,” after “Wilmington” .

One page 5, last sentence at the top of the page, replace the word “this” with “Gatlin’s” so that the phrase reads ”finding that Gatlin’s theory was too attenuated”.

By the Court,

/s/ Thomas L. Ambro, Circuit Judge Dated: October 22, 2010 DWB/cc: Seth M. Beausang, Esq.

Ilana H. Eisenstein, Esq.

Robert D. Goldberg, Esq.