United States Third Circuit

A conviction for using a firearm during and in relation to a conspiracy to distribute cocaine is vacated where the jury instructions concerning conspiracy contained an impermissible mandatory presumption, as they did not require the jury to find a unity of purpose, and the error was not harmless beyond a reasonable doubt.

Appellate Information

• Argued 10/25/2006
• Decided 01/04/2007
• Published 01/04/2007

Judges

• FISHER, Circuit Judge., Before SMITH, FISHER and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Karen S. Gerlach, Lisa B. Freeland (Argued), Office of Federal Public Defender, Pittsburgh, PA, Attorneys for Appellant.


• For Appellees:
  
• Laura S. Irwin (Argued), Office of United States Attorney, Pittsburgh, PA, Attorneys for Appellee.