USA v. Mark Lawrence, No. 13-4315 (3d Cir. 2015)

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 13-4315 _____________ UNITED STATES OF AMERICA v. MARK LAWRENCE, Appellant 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

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