United States v. John Lynch
Opinion
Opinion
Wallace, J.
ORDER AND AMENDED OPINION
ORDER
The mandate issued November 7, 2001, is hereby recalled for the purpose of amending the opinion.
The slip opinion filed September 4, 2001 is hereby amended as follows:
On page 12136, first paragraph, line six, delete “conviction and sentence” and replace it with “district court’s denial of Lynch’s Rule 29 motion.... ”
Page 12136, second paragraph, line three, delete “It is still unknown who pulled the trigger but it is clear that Lynch, with the aid of co-defendant Pizzi-chiello,” and replace it with “Pizzichiello testified that Lynch killed Carreiro and that he and Lynch.... ”
Page 12144, second full paragraph, line seven, delete “Because we here adopt a new jurisdictional test for alleged Hobbs Act violations, there has been no opportunity for the parties to present evidence on this critical issue. We believe the district court should have the first opportunity to apply the new test and take such evidence it deems appropriate.”
Page 12144, third full paragraph, line one, delete “We therefore vacate Lynch’s conviction and sentence under the Hobbs Act and remand for a determination whether he ... ” and replace it with “We therefore vacate the…