United States of America v. Terrance L. Cole

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 06-1904
UNITED STATES OF AMERICA
v.
TERRANCE L. COLE,
Appellant
Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Criminal Action No. 04-cr-109)
District Judge: Honorable Thomas M. Hardiman
Submitted Under Third Circuit LAR 34.1(a)
July 10, 2007
Before: RENDELL and AMBRO, Circuit Judges,
and SHAPIRO,* District Judge
ORDER AMENDING OPINION
__________________
* Honorable Norma L. Shapiro, Senior Judge of the United States District Court for
the Eastern District of Pennsylvania, sitting by designation.

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RENDELL, Circuit Judge:
It is hereby ORDERED that the Not Precedential Opinion filed in the within matter
on August 31, 2007, is AMENDED as follows:
On page 4, in the third paragraph, delete the following sentence:
However, the District Court’s decision to grant the
government’s motion to impanel an anonymous jury was
announced in open court on August 15, 2005, in the presence
of Cole. Supp. App. 978
and replace it with the following language:
However, the anonymous jury was selected in Cole’s
presence, and the judge's discussion of the voir dire made
clear the jurors were to answer only by number (Tr. 8/15/05,
p. 8); Cole must have realized what was going on and could
have objected then or later as he was present for the
discussion of an anonymous jury when Juror 197 was excused
but Juror 16 was not (Tr. 8/17/05, p. 6).
BY THE COURT:
/s/ Marjorie O. Rendell
_______________________________
Circuit Judge
Dated: February 6, 2009

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