USA v. Tamika Riley

Filing 920101027

Opinion

P R E C E D E N T IA L U N IT E D STATES COURT OF APPEALS F O R THE THIRD CIRCUIT ___________________ N o s . 08-3361, 08-3413, 08-3758, and 08-3759 ___________________ U N IT E D STATES OF AMERICA, Appellee and Cross-Appellant v. T A M IK A RILEY AND SHARPE JAMES Appellants and Cross-Appellees ___________________ O n Appeal from the United States District Court for the District of New Jersey (D .C . No. 2-07-cr-00578) D is tric t Judge: Honorable William J. Martini ___________________ A rg u e d April 13, 2010 Before: SLOVITER and NYGAARD, Circuit Judges, and RESTANI,* Judge

O R D E R AMENDING OCTOBER 21, 2010 ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the order amending opinion in the above c a s e , filed October 21, 2010, be amended as follows:

Honorable Jane A. Restani, Chief Judge of the United States Court of In te rn a tio n a l Trade, sitting by designation.

*

P a g e 15, first sentence of the first full paragraph which read: W h ile it is true that the jury convicted James of a substantive violation re f erre d to in one of the alternative descriptions of duty, 18 U.S.C. § 666 (C o u n t 4), dependents have met their burden of showing a reasonable p ro b a b ility that the jury utilized the broad definition of an honest services v io la tio n given in connection with the entire conspiracy charge. s h a ll read: W h ile it is true that the jury convicted James of a substantive violation re f erre d to in one of the alternative descriptions of duty, 18 U.S.C. § 666 (C o u n t 4), defendants have met their burden of showing a reasonable p ro b a b ility that the jury utilized the broad definition of an honest services v io la tio n given in connection with the entire conspiracy charge.

B Y THE COURT,

/s/ Jane A. Restani Judge DATED: October 27, 2010

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