UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT July 17, 2012 No. 11-3958 MARIO MENDOZA, Appellant v. UNITED STATES OF AMERICA (D.N.J. D.C. No. 3:11-cv-03540) Present: AMBRO, VANASKIE and ALDISERT, Circuit Judges.

1. Motion by Appellee to Publish Opinion dated June 28, 2012.

Respectfully, Clerk/tyw/tmm _________________________________ORDER________________________________ Appellee’s motion to publish opinion dated June 28, 2012, is hereby GRANTED.

The designation of the opinion as precedential does not alter the judgment previously entered or the original filing date.

By the Court, /s/ Aldisert Circuit Judge Dated: August 1, 2012 tyw/cc: Thomas R. Ashley, Esq.

Mark E. Coyne, Esq.

Norman Gross, Esq.