UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
July 8, 2011
No. 07-4394
United States of America
v.
John A. O’Neal, Appellant
(E.D. Pa. No. 04-mj-01060)
Present: HARDIMAN, ALDISERT, Circuit Judges and RESTANI *, Judge
1. Motion by Appellee to Correct Opinion of the Court.
Respectfully,
Clerk/slc
_________________________________ORDER________________________________
The foregoing Motion is GRANTED.
IT IS HEREBY ORDERED that the opinion in the above case, filed June 22,
2011, be amended as follows:
Page 3, Section II, second line, which read:
On appeal, the United States concedes that it failed to demonstrate that O’Neal’s
protest occurred on VA property.
shall read:
In its Summary of Argument in the brief before us the United States Attorney
states: “The government, upon careful consideration of the matter, reverses its earlier
position and agrees with that part of the Appellant’s argument asserting that the
government presented insufficient evidence to support a restriction on O’Neal’s political
activity on October 28, 2004. The government did not sustain its burden in defeating the
presumption that the area where O’Neal mounted his protest was a public forum; and
*
The Honorable Jane A. Restani, Judge of the United States Court of International
Trade, sitting by designation.
further did not establish the circumstances justifying a restriction on political speech in a
public forum.”
By the Court,
/s/ Thomas M. Hardiman
Circuit Judge
Dated: July 18, 2011
CRG:\ All counsel of record
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