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United States v. Leon Henry, 09-2896 (2011)

Court: Court of Appeals for the Third Circuit Number: 09-2896 Visitors: 23
Filed: Jun. 09, 2011
Latest Update: Feb. 21, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 09-2896 _ UNITED STATES OF AMERICA v. LEON HENRY, JR. Appellant _ 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 _ Submitted Under Third Circuit LAR 34.1(a) April 28, 2011 _ ORDER _ The opinion filed on May 9, 2011 shall be amended as follows: at page 4, where (2) “allow the parties to argue their positions relat
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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 09-2896 ____________ UNITED STATES OF AMERICA v. LEON HENRY, JR. Appellant ____________ 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 _______________ Submitted Under Third Circuit LAR 34.1(a) April 28, 2011 _______________ ORDER _______________ 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
Source:  CourtListener

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