NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT __________ No. 09-2415 __________

UNITED STATES OF AMERICA v. PHI XIN, Appellant __________

Submitted under Third Circuit LAR 34.1(a) October 27, 2011

Before: SLOVITER, GREENAWAY, JR. and ALDISERT, Circuit Judges. (Filed: October 28, 2011) __________

ORDER AMENDING OPINION __________

It appears that the lower court information on the caption of the opinion filed October 28, 2011 did not correctly identify the district court judge in the proceedings. It is noted that the Honorable Gene E. K. Pratter presided over the proceeding below. Accordingly, it is hereby ordered that the caption of the opinion is amended as follows:

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 2-06-cr-00585-006) District Judge: Hon. Gene E. K. Pratter

For the Court,

Marcia M. Waldron, Clerk Date: November 2, 2011 CJG/cc: Robert J. Livermore, Esq. Nino V. Tinari, Esq.