UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT July 8, 2011 No. 07-4394 United States of America v. John A. O’Neal, Appellant (E.D. Pa. No. 04-mj-01060) Present: HARDIMAN, ALDISERT, Circuit Judges and RESTANI *, Judge 1. Motion by Appellee to Correct Opinion of the Court. Respectfully, Clerk/slc _________________________________ORDER________________________________ The foregoing Motion is GRANTED. IT IS HEREBY ORDERED that the opinion in the above case, filed June 22, 2011, be amended as follows: Page 3, Section II, second line, which read: On appeal, the United States concedes that it failed to demonstrate that O’Neal’s protest occurred on VA property. shall read: In its Summary of Argument in the brief before us the United States Attorney states: “The government, upon careful consideration of the matter, reverses its earlier position and agrees with that part of the Appellant’s argument asserting that the government presented insufficient evidence to support a restriction on O’Neal’s political activity on October 28, 2004. The government did not sustain its burden in defeating the presumption that the area where O’Neal mounted his protest was a public forum; and * The Honorable Jane A. Restani, Judge of the United States Court of International Trade, sitting by designation. further did not establish the circumstances justifying a restriction on political speech in a public forum.” By the Court, /s/ Thomas M. Hardiman Circuit Judge Dated: July 18, 2011 CRG:\ All counsel of record 2