UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________

No. 13-4442 ________________

UNITED STATES OF AMERICA

v.

GREGORY GARRETT BROWN, Appellant ________________

Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Criminal Action No. 1-11-cr-00034-001) District Judge: Honorable Maurice B. Cohill, Jr. ________________

Argued June 12, 2014

Before: AMBRO and BARRY, Circuit Judges, and RESTANI,* Judge

(Opinion filed September 2, 2014)

ORDER AMENDING PRECEDENTIAL OPINION

AMBRO, Circuit Judge

IT IS NOW ORDERED that the published Opinion in the above case filed September 2, 2014, be amended as follows:

On page 11, in the second full paragraph, fifth line down, insert the word “court” after “sentencing” and before “should” so that the phrase reads: “a sentencing court should first determine a violation . . . .”

By the Court, /s/ Thomas L. Ambro, Circuit Judge Dated: November 4, 2014 Tmm/cc: all counsel of record

* Honorable Jane A. Restani, Judge, United States Court of International Trade, sitting by designation.