UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________

No. 09-3031 ____________

UNITED STATES OF AMERICA

v.

JERRY WHITFIELD, Appellant ____________

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY (D.C. Crim. No. 08-cr-00685-001) District Judge: Honorable Noel L. Hillman ____________

Submitted Under Third Circuit LAR 34.1(a) November 16, 2010 ____________

Before: BARRY, CHAGARES and VANASKIE, Circuit Judges ____________

ORDER AMENDING OPINION ____________

IT IS ORDERED that the precedential slip opinion in the above case, filed January 6, 2011, be amended as follows:

On page 3, lines 3-4, the following should be deleted: “Given that we write only for the parties, a brief summary of the facts will suffice.”

/s/Maryanne Trump Barry Dated: January 19, 2011 Circuit Judge SLC/cc: Norman Gross Maggie F. Moy