United States Third Circuit

Conviction and sentence for violations of the Hobbs Act and firearms possession is affirmed where: 1) the district court erred in initially denying the jury's request to read back testimony, but the error was cured when the court reversed itself and gave the jury the option of reading the testimony; 2) even if the the district court erred in admitting a statement defendant made to a detective, defendant would still not be entitled to a new trial as admission of the testimony was harmless; 3) testimony of defendant's co-conspirator was admissible as ordinary fact testimony; and 4) defendant's sentence was properly based on the suggested Guidelines range of 360 months to life imprisonment.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• Before:  RENDELL, AMBRO, and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mark S. Greenberg, Esquire, Lacheen, Wittles & Greenberg, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Laurie Magid, Acting U.S. Attorney, Robert A. Zauzmer, Assistant U.S. Attorney, Chief of Appeals, Karen S. Marston, Esquire, Assistant U.S. Attorney, Office of the United States Attorney, Philadelphia, PA, for Appellee.