Opinion
No. 10-2204.
Argued December 15, 2010.
April 20, 2011.
On Appeal from the United States District Court for the District of New Jersey, (D.C. No. 09-cr-00369), District Judge: Honorable William J. Martini.
Present: RENDELL, JORDAN and HARDIMAN, Circuit Judges.
ORDER
1. Motion by Appellant to amend the opinion filed 4/12/11.
The foregoing Motion is GRANTED.
ORDER AMENDING OPINION
IT IS HEREBY ORDERED that the opinion in the above case, filed April 12, 2011, be amended as follows:
Page 23, first paragraph, which read:
First, it is undisputed that the indictment charges each RICO defendant with committing at least two predicate acts within the last ten years, thus certainly meeting the statutory threshold set forth in § 1961(5).
shall read:
First, it is undisputed that the indictment charges each defendant with committing at least two predicate acts, the last of which occurred within ten years after the commission of a prior act of racketeering, thus certainly meeting the statutory threshold set forth in § 1961(5).
Page 27, first paragraph, second sentence, which read:
On these points, the Court openly weighed the evidence and questioned the Government's ability prove that all of the purported members of the enterprise shared the alleged common purposes.
shall read:
On these points, the Court openly weighed the evidence and questioned the Government's ability to prove that all of the purported members of the enterprise shared the alleged common purposes.