United States Third Circuit

A conviction for conspiracy to interfere, and interference with, interstate commerce by robbery, and a firearm offense is affirmed over a claim that the district court erred in denying defendant's motion for a mistrial based on alleged improper prosecutorial statements during a closing argument to the jury. However, the sentence is vacated where the district court plainly erred in applying the 2004, rather than the 2002, "official victim" enhancement under the sentencing guidelines.

Appellate Information

• Argued 03/16/2007
• Decided 05/17/2007
• Published 05/17/2007

Judges

• Before FUENTES, GREENBERG and LOURIE, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mark S. Greenberg (argued), LaCheen Dixon Wittels & Greenberg LLP, Philadelphia, PA, Attorney for Appellant.


• For Appellees:
  
• Patrick L. Meehan, United States Attorney, Jose R. Arteaga (argued), Assistant U.S. Attorney, Robert A. Zauzmer, Assistant U.S. Attorney, Chief of Appeals, United States Attorney's Office, Philadelphia, PA, Attorneys for Appellee.