NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 22-3094

UNITED STATES OF AMERICA

v.

FELIX ROCHE,

Appellant

Appeal from the United States District Court For the District of New Jersey (D. C. Civil Actions No.: 1-96-cr-00114-012) District Judge: Honorable Robert B. Kugler

Submitted under Third Circuit LAR 34.1(a) on June 6, 2023

(Opinion filed July 17, 2023)

Before: HARDIMAN, AMBRO, and FUENTES, Circuit Judges

AMBRO, Circuit Judge:

ORDER AMENDING OPINION

The Government’s motion to amend the opinion is granted.

The Opinion in the above case, filed on July 17, 2023, is amended as follows:

On page 4, paragraph 3, lines 3-4, delete the following: <can treat the change as an “extraordinary and compelling” reason to grant compassionate release.>

and replace with:

<have discretion to consider that change in weighing the § 3553(a) factors.>

On page 5, line 8, place a comma after <Andrews>.

These amendments do not change the date of filing, July 17, 2023.

By the Court,

s/ Thomas L. Ambro Circuit Judge

Dated: July 19, 2023 CJG/cc: Sabrina G. Comizzoli, Esq. Mark E. Coyne, Esq. Felix Roche

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