United States v. Vitillo

Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit 8-10-2007 USA v. Vitillo Precedential or Non-Precedential: Precedential Docket No. 05-4330 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "USA v. Vitillo" (2007). 2007 Decisions. Paper 506. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/506 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2007 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Nos. 05-4330/4331/4332 UNITED STATES OF AMERICA v. JOHN VITILLO, VITILLO CORPORATION and VITILLO ENGINEERING, INC. Appellants. On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 03-cr-00555-1) District Judge: Hon. R. Barclay Surrick Argued December 11, 2006 Before: SMITH and ROTH, Circuit Judges, *IRENAS, District Judge (Opinion filed June 25, 2007) *Honorable Joseph E. Irenas, United States District Judge for the District of New Jersey, sitting by designation. ROTH, Circuit Judge: ORDER AMENDING SLIP OPINION IT IS ORDERED that the published Opinion in the above case, filed on June 25, 2007, be amended as follows: On page 21 of the first full paragraph, delete the last sentence: “Counsel also informed us that it was not uncommon for prosecutors to accompany agents into the field and later serve as trial counsel, provided that the prosecutors waited in the car while the search warrants were being issued.” and replace with: “Counsel also informed us that it was unusual, although not unheard of, for prosecutors to accompany agents into the field and later serve as trial counsel.” By the Court, /s/ Jane R. Roth Circuit Judge Dated: August 10, 2007