USA v. Paul Bergrin, et al, No. 10-2204 (3d Cir. 2011)

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This opinion or order relates to an opinion or order originally issued on April 12, 2011.

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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT __________ No. 10-2204 ___________ UNITED STATES OF AMERICA, Appellant v. PAUL W. BERGRIN; YOLANDA JAUREGUI, a/k/a Yolanda Bracero; THOMAS MORAN; ALEJANDRO BARRAZA-CASTRO, a/k/a George; VICENTE ESTEVES, a/k/a Vinny __________ 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 ___________ Argued December 15, 2010 Before: RENDELL, JORDAN and HARDIMAN, Circuit Judges. __________ 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. BY THE COURT: /s/ Thomas M. Hardiman Circuit Judge DATED: April 20, 2011 2