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 Motion by Appellee to Reissue the Not Precedential Opinion” in this Case as Precedential; 2.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 Reply by Appellee to Appellant’s Response to Motion to Reissue the Not Precedential Opinion in this Case as Precedential.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