Free USCA Mandate - District Court of Delaware - Delaware

Case 1 :95-cr-00068-SLR Document 99 Filed 05/17/2005 Page 1 of 2
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
N0s. 01-2468 & 02-2624
UNITED STATES OF AMERICA
v.
HERBERT L. BENDOLPH,
Appellant at N0. 0l-2468
UNITED STATES OF AMERICA
v.
JULIO OTERO,
Appellant at N0. 02-2624
On Appeal fr0m the United States District C0urt
f0r the District 0f Delaware
(D.C. N0. 95-cr-00068)
District Judge: H0n0rable Sue L. R0bins0n
On Appeal fr0m the United States District C0urt
f0r the Middle District 0f Pennsylvania
(D.C. N0. 96-cr-00005-3)
District Judge: H0n0rable Sylvia H. Ramb0
Argued Oct0ber 26, 2004
Reargued En Banc February 23, 2005
Bef0re: SCIRICA, Chief Judge, SLOVITER, NYGAARD, ROTH, McKEE, RENDELL,
BARRY, AMBRO, FUENTES, SMITH, FISHER, AND VAN ANTWERPEN, Circuit Judges.

Case 1:95-cr-00068-SLR Document 99 Filed 05/17/2005 Page 2 of 2
JUDGMENT
These consolidated causes came to be heard on the record from the United States District
Court for the District of Delaware and the United States District Court for the Middle District of
Pennsylvania. They were initially argued on October 26, 2004 and were reargued en banc on
February 23, 2005. On consideration whereof, it is now hereby ADJUDGED and ORDERED in
appeal No. 01-2468 that the order of the District Court entered January 3, 2001, be and the same,
is hereby AFFIRMED. It is further hereby ADJUDGED and ORDERED in appeal No. 02-2624
that the order of the District Court for the District of Delaware entered February 4, 2002, be and
the same is hereby REVERSED and remanded to the District Court. The parties shall bear their
own costs. All of the above in accordance with the opinion of this Court.
Attest:
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Dated: May 16, 2005
Certified as a true copy and issued in lieu
of a formal mandate on May 17, 2005.
Teste:
Clerk, United States Court of Appeals
for the Third Circuit