UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT December 10, 2010 No. 09-3031

United States of America

v.

Jerry Whitfield, Appellant

(D.N.J. No. 1-08-cr-00685-001)

Present: BARRY, CHAGARES, and VANASKIE, Circuit Judges

1. Motion by Appellee to Reissue the Not Precedential Opinion” in this Case as Precedential;

2. Response by Appellant in Opposition to Motion to Publish and Render Opinion in Captioned Case Precedential;

3. Reply by Appellee to Appellant’s Response to Motion to Reissue the Not Precedential Opinion in this Case as Precedential.

Respectfully, Clerk/slc

_________________________________ORDER________________________________ The foregoing motion is GRANTED.

By the Court,

/s/Maryanne Trump Barry Circuit Judge Dated: January 6, 2011 SLC/cc: Norman Gross George S. Leone Maggie F. Moy