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