United States of America v. Sean Michael Grier

This case was originally argued on October 25, 2005, before Judges Sloviter, Fisher,*
and Rosenn. The coram was reconstituted to include Chief Judge Scirica after the death of
Judge Rosenn. On June 6, 2006, an opinion by a majority of the original panel was filed,
affirming the District Court’s legal conclusions, but remanding for resentencing, directing
the District Court to state more fully its reasons for imposing the particular sentence. Judge
Sloviter filed a dissenting opinion on the same day. Appellant petitioned for rehearing en
banc. The Court granted the petition and vacated the panel’s judgment and opinion.
Following argument, Judge Van Antwerpen took senior status on October 23, 2006,**
but continues to take part in this matter pursuant to Internal Operating Procedure 9.6.4.
PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-1698
UNITED STATES OF AMERICA
v.
SEAN MICHAEL GRIER,
Appellant
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. No. 03-cr-00284)
District Judge: Honorable Sylvia H. Rambo
Argued En Banc September 13, 2006*
Before: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO,
FUENTES, SMITH, FISHER, CHAGARES and VAN ANTWERPEN, Circuit Judges.**
(Opinion filed February 5, 2007)

-- 1 of 2 --

2
ORDER AMENDING PUBLISHED OPINION
AMBRO, Circuit Judge
It is now ordered that the published Opinion in the above case filed
February 5, 2007, be amended as follows:
In Judge Ambro’s opinion concurring in judgment, page 40, the second
sentence in the only full paragraph on the page, replace the words “by way” with the
words “through use”, so that the phrase reads “through use of the Federal Sentencing
Guidelines”.
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: February 15, 2007

-- 2 of 2 --