No: 02-4054 UNITED STATES OF AMERICA v. Clayton Kellum

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 02-4054
UNITED STATES OF AMERICA
v.
CLAYTON KELLUM,
Appellant
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(Crim. No. 01-CR-00399)
District Judge: Hon. Clarence C. Newcomer
Submitted pursuant to Third Circuit LAR 34.1(a)
November 3, 2003
Before: McKEE and SMITH, Circuit Judges,
and WEIS, Senior Circuit Judge
ORDER AMENDING OPINION
IT IS HEREBY ORDERED that the Slip Opinion filed in this case on January
23, 2004, be amended as follows:
On page 8, delete the quoted paragraph
Except as otherwise specifically provided, a defendant who
has been found guilty of an offense described in any Federal
statute, including sections 13 and 1153 of this title, other than
an Act of Congress applicable exclusively in the District of
Columbia or the Uniform Code of Military Justice, shall be
sentenced with the provisions of this chapter so as to achieve
the purposes set forth in subparagraphs (A) through (D) of
section 3553(a) to the extent that they are applicable in light
of all the circumstances of the case.

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and replace it with
Except as otherwise specifically provided, a defendant who
has been found guilty of an offense described in any Federal
statute, including sections 13 and 1153 of this title, other than
an Act of Congress applicable exclusively in the District of
Columbia or the Uniform Code of Military Justice, shall be
sentenced in accordance with the provisions of this chapter so
as to achieve the purposes set forth in subparagraphs (A)
through (D) of section 3553(a) to the extent that they are
applicable in light of all the circumstances of the case.
IT IS SO ORDERED.
BY THE COURT
/s/ Theodore A. McKee
Circuit Judge
Dated: January 30, 2004

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