United States of America v. Herbert L. Bendolph

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

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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.

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