United States Third Circuit

Defendant's conviction and sentence for embezzlement are reinstated where the district court's grant of a new trial was erroneously based on an incorrect conclusion that the government failed to disclose exculpatory evidence at the time of trial.

Appellate Information

• Decided 02/25/2005
• Published 02/25/2005

Judges

• Before ROTH, BARRY and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Christopher J. Christie, United States Attorney, George S. Leone, Chief, Appeals Division, Newark, Norman Gross (Argued), Assistant United States Attorney, United States Attorney's Office, Camden Federal Building and United States Courthouse, Camden, for Appellant/Cross-Appellee United States of America., Lawrence S. Lustberg, (Argued), Thomas R. Valen, Mark A. Berman, Philip James Degnan, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, A Professional Corporation, Newark, for Appellee/Cross-Appellant Leonard A. Pelullo.