United States of America v. Leon Henry, Jr

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 09-2896
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UNITED STATES OF AMERICA
v.
LEON HENRY, JR.
Appellant
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
(D.C. Crim. Action No. 2:00-cr-00667-PBT-4)
District Judge: Honorable Petrese B. Tucker
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Submitted Under Third Circuit LAR 34.1(a)
April 28, 2011
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ORDER
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The opinion filed on May 9, 2011 shall be amended as follows: at page 4, where
(2) “allow the parties to argue their positions relative to what they believe is an
appropriate sentence;” shall be replaced with (2) “they must formally rule on the motions
of both parties and state on the record whether they are granting a departure and how that
departure affects the Guidelines calculation, and take into account the court’s pre-Booker
case law, which continues to have advisory force.” This does not affect the Judgment
issued by the Court on May 9, 2011. An amended opinion will be filed; however the
original filing date will not be altered.
BY THE COURT:
/s/ Joseph A. Greenaway, Jr.
Circuit Judge
Dated: June 9, 2011

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