United States v. Goldstein, 902 F.3d 411 (2018)

Aug. 30, 2018 · United States Court of Appeals for the Third Circuit · No. 15-4094
902 F.3d 411

UNITED STATES of America
v.
Jay GOLDSTEIN a/k/a Yaakov

Jay Goldstein, Appellant

No. 15-4094

United States Court of Appeals, Third Circuit.

Dated: August 30, 2018

Mark E. Coyne, Esq., Office of United States Attorney, 970 Broad Street, Room 700, Newark, NJ 07102, Norman Gross, Esq., Glenn J. Moramarco, Esq., Office of United States Attorney, Camden Federal Building & Courthouse, 401 Market Street, Camden, NJ 08101, for Plaintiff-Appellee

Aidan P. O'Connor, Esq., Pashman Stein Walder Hayden, 21 Main Street, Suite 200, Hackensack, NJ 07601, for Defendant-Appellant

Before: CHAGARES, RESTREPO, and ROTH, Circuit Judges

SUR PETITION FOR PANEL REHEARING

The petition for rehearing filed by Appellant in the above-entitled case having been submitted to the judges who participated in the decision of this court, it is hereby ORDERED that the petition for panel rehearing is GRANTED . The opinion entered July 7, 2017 and amended on July 17, 2017 is hereby VACATED as to appeal 15-4094 only.

The Court directs that counsel provide it with supplemental letter memoranda on the subject of cell site location information and the applicability to this case of the Supreme Court's decision in Carpenter v. United States , 585 U.S. ----, 138 S.Ct. 2206, 201 L.Ed.2d 507 (2018). The letter memoranda shall not exceed 10 pages in length and shall be filed by September 25, 2018.

By the Court,

/s/ JANE R. ROTH

Circuit Judge