UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 11-4244

United States v. Passalaqua

ORDER

At the direction of the Court, the opinion and judgment filed November 29, 2012 are hereby vacated. The case will be submitted to a reconstituted merits panel for disposition.

For the Court, /s/ Marcia M. Waldron Clerk

Dated: December 3, 2012 JK/cc: Mark E. Coyne, Esq.

David W. Feder, Esq.

K. Anthony Thomas, Esq.