UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT February 5, 2014 No. 12-4373 UNITED STATES OF AMERICA v. RUSSELL FLUKER, Appellant (D.N.J. No. 2-11-cr-00447-002)

Present: MCKEE, Chief Judge, FUENTES and SLOVITER, Circuit Judges Motion by Appellee USA to Amend Not Precedential Opinion Issued January 23, 2014.

Respectfully, Clerk/pdb _________________________________ORDER________________________________ The foregoing Motion by Appellee USA to Amend Not Precedential Opinion has been Granted. The opinion shall read “Fluker pled guilty to conspiracy to possess with intent to distribute more than one kilogram of heroin, in violation of 21 U.S.C. §846.”

By the Court, s/ Dolores K. Sloviter Circuit Judge Dated: February 11, 2014 pdb/cc: All Counsel of Record