NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT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