United States of America v. Joseph Lore

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 03-3043, 03-3217, 03-4349, 03-4350
UNITED STATES OF AMERICA
v.
JOSEPH LORE,
Appellant in No. 03-3043
UNITED STATES OF AMERICA
v.
DENISE BOHN,
Appellant in No. 03-3217
UNITED STATES OF AMERICA
v.
JOSEPH PELLICCIA,
Appellant in No. 03-4349
UNITED STATES OF AMERICA
v.
WILLIAM HURLEY,
Appellant in No. 03-4350

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On Appeal from the United States District Court
for the District of New Jersey
(D.C. Crim. No. 99- cr-00292-4/3/6/5)
Honorable Mary Little Cooper, District Judge
Submitted under Third Circuit LAR 34.1(a)
October 28, 2005
BEFORE: SLOVITER, FISHER, and GREENBERG, Circuit Judges
(Filed: December 2, 2005)
ORDER AMENDING OPINION
It is hereby ordered that the last complete sentence in the first complete paragraph
on page 30 of the slip opinion in this case is deleted. The sentence deleted reads as
follows:
Moreover, notwithstanding the alternative to the loss calculation, the
problem of enhancements based upon facts found by the district court by a
preponderance of the evidence still remains. See Lore App. at 267-77
(district court imposing enhancement for obstruction of justice based upon a
preponderance of the evidence.
By the court,
/s/ Morton I. Greenberg
Circuit Judge
DATED: December 23, 2005
DMM/cc: Marc Fernich, Esq.
Michael P. Koribanics, Esq.
Mr. Joseph Pelleccia
Leonard Meyerson, Esq.
George S. Leone, Esq.
David B. Lat, Esq.

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