March 17, 2009 No. 07-1329 UNITED STATES OF AMERICA v. Walter M. Terpack

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
March 17, 2009
No. 07-1329
UNITED STATES OF AMERICA
v.
WALTER M. TERPACK,
Appellant.
(D.C.N.J. No. 05-cr-00877)
Present: SLOVITER, BARRY and ROTH, Circuit Judges
Motion by Appellee to Amend Opinion Entered on 3/11/09.
/s/ Tina Koperna
Case Manager (267)299-4930
O R D E R
The foregoing motion is granted and the Opinion is amended, as follows:
On Page 2, four lines down, change the sentence to read:
The Court, however, determined that because Terpack entered
a guilty plea to receipt of images of child pornography under
18 U.S.C. § 2252A(a)(2) and to the lesser included offense of
possession of the same images under 18 U.S.C. §2252A(a)(5)(B),
the entry of separate convictions for the same offense contravened
the double jeopardy clause.
By the Court,
/s/ JANE R. ROTH
Circuit Judge
Dated: March 24, 2009
tmk/cc: Sabrina G. Comizzoli, Esq.
George S. Leone, Esq.
John F. Romano, Esq.
Joseph R. Rubino, Esq.

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