Opinion
No. 13-4315
09-30-2015
On Appeal from the United States District Court for the Eastern District of Pennsylvania
(No. 2-06-cr-00083-001)
District Judge: Hon. Cynthia M. Rufe
Submitted Pursuant to Third Circuit LAR 34.1(a)
June 26, 2015
Before: CHAGARES, KRAUSE, and BARRY, Circuit Judges. JUDGMENT ORDER
This cause came to be considered on the record from the United States District Court for the Eastern District of Pennsylvania and was submitted pursuant to Third Circuit LAR 34.1(a) on June 26, 2015.
While on appeal, the Government made certain concessions in its briefing for the first time. The District Court was, thus, unable to consider these concessions in rendering its decision. We hold that the District Court should have the opportunity to consider the Government's concessions in the first instance. For that reason, it is now hereby ORDERED and ADJUDGED by this Court that the District Court's order dated September 30, 2013 is VACATED and REMANDED.
BY THE COURT,
s/ Michael A. Chagares
Circuit Judge
ATTEST: s/Marcia M. Waldron
Clerk
Dated: September 30, 2015