Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit 5-20-2005 USA v. Bendolph Precedential or Non-Precedential: Precedential Docket No. 01-2468 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "USA v. Bendolph" (2005). 2005 Decisions. Paper 1085. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1085 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Nos. 01-2468 & 02-2624 _____ UNITED STATES OF AMERICA v. HERBERT L. BENDOLPH, Appellant at No. 01-2468 _____ UNITED STATES OF AMERICA v. JULIO OTERO, Appellant at No. 02-2624 _____ On Appeal from the United States District Court for the District of Delaware (D.C. No. 95-cr-00068) District Judge: Honorable Sue L. Robinson On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 96-cr-00005-3) District Judge: Honorable Sylvia H. Rambo _____ Argued October 26, 2004 Reargued En Banc February 23, 2005 ORDER AMENDING OPINION _____ Per the direction of the Court, footnote #3 of the opinion filed on May 16, 2005 is amended as follows: Although the court may act upon what plainly appears from the motion, attached exhibits and record, not all limitations issues may appear in such manner. As such, notice and an opportunity to respond should be afforded during the Rule 4 stage. See footnote 15 infra. Furthermore, as it appears that the judgment and mandate contained a clerical error in that those documents incorrectly state that appeal at No. 02-2624 originated from the United States District Court for the District of Delaware an amended judgment and mandate shall be issued correcting the clerical error. For the Court, /s/ Marcia M. Waldron Clerk Date: May 20, 2005 clc\cc: David R. Fine, Esq. Robert A. Lawton, Esq. Marsha A. Sajer, Esq. Michael Wiseman, Esq. Richard G. Andrews, Esq. Michael J. Bresnick, Esq. William A. Behe, Esq. Theodore B. Smith III, Esq.