United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

September 27, 2010

Before

DIANE S. SYKES, Circuit Judge

Nos. 08‐2512 & 08‐2443

UNITED STATES OF AMERICA, Appeal from the Plaintiff‐Appellant/ United States District Court for the Cross‐Appellee, Northern District of Illinois, Eastern Division. v. No. 05 CR 756 BERNARD ELLIS, Defendant‐Appellee/ Wayne R. Andersen, Cross‐Appellant. Judge.

No. 08‐4055 Appeal from the United States District Court for the UNITED STATES OF AMERICA, Northern District of Indiana, Plaintiff‐Appellee, South Bend Division.

v. No. 3:05 CR 131

BERNARD ELLIS, Robert L. Miller, Jr. Defendant‐Appellant. Judge.

O R D E R

Upon consideration of DEFENDANT‐APPELLANT’S MOTION TO AMEND OPINION filed by counsel on September 22, 2010, Nos. 08‐2512, 08‐2443 & 08‐4055 Page 2

IT IS ORDERED that the motion is GRANTED. The slip opinion issued on September 17, 2010, is amended in two ways. First, the last two sentences of the first paragraph of the opinion are replaced with the following two sentences: “Ellis appealed his conviction and sentence in the Indiana case, and the government appealed the district court’s sentencing decision in the Illinois case. Ellis then cross‐appealed in the Illinois case challenging the reasonableness of the sentence.” Second, the caption for the Illinois appeals is amended to reflect that the United States is the Plaintiff‐Appellant/Cross‐Appellee and Bernard Ellis is the Defendant‐Appellee/Cross‐Appellant.