United States Third Circuit

Grant and stay of a habeas petition challenging a conviction for drug-related charges, which included two counts arising under the Pennsylvania Corrupt Organizations Act (PACOA), is affirmed where: 1) because the PACOA charges, which defendant was actually innocent of, were not an essential part of an agreed exchange, rescission of his plea was not necessary; and 2) thus, the district court did not err in granting the writ of habeas corpus and leaving the remedy to the commonwealth.

Appellate Information

• Decided 05/10/2007
• Published 05/10/2007

Judges

• Before:  BARRY, ROTH, Circuit Judges, and IRENAS, Senior District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Gene C. Schaerr, (Argued), Winston & Strawn LLP, Washington, D.C., for Counsel Appellant.


• For Appellees:
  
• Andrea F. McKenna, (Argued), Office of Attorney General of Pennsylvania, Harrisburg, PA, Counsel for Appellees.