No: 03-4715 UNITED STATES OF AMERICA v. Lorenzo M. King

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 03-4715
UNITED STATES OF AMERICA
v.
LORENZO M. KING,
Appellant
Appeal from the United States District Court
for the Western District of Pennsylvania
(Crim. No. 03-cr-00122)
District Court: Hon. Gustave Diamond, Chief Judge
Argued: September 21, 2004
Before: McKEE, Circuit Judge, and
ROSENN and WEIS, Senior Circuit Judges
ORDER
IT IS HEREBY ORDERED, that the Not-Precedential Opinion filed in this case
on April 14, 2005, be amended as follows:
In Footnote 2, in the next to the last line, the sentence should read:
“Moreover, to the extent the sentencing court may decide to enhance a
sentence based upon factors such as those incorporated into the
sophisticated means enhancement, it must rely only upon conduct admitted
by the defendant or found by the fact finder based upon proof beyond a
reasonable doubt.”
IT IS SO ORDERED.
BY THE COURT:

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/s/ Theodore A. McKee
Circuit Judge
DATED: April 15, 2005
CMH/cc: KSG, KRL

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