United States Third Circuit

Conviction for conspiracy to commit murder, attempted murder and assault with a dangerous weapon under the Violent Crimes in Aid of Racketeering Act is affirmed where: 1) the district court did not abuse its discretion in failing to restart jury selection after six co-defendants pled guilty during voir dire, and thus did not violate his Fifth and Sixth Amendment rights; 2) the court properly rejected defendant's motion for judgment of acquittal on his conviction for murder conspiracy, as a rational jury could have found all elements of the murder conspiracy charge beyond a reasonable doubt; 3) the court did not abuse its discretion by admitting challenged evidence at trial as the evidence did not overwhelm the jury or prejudice its judgment; and 4) defendant's sentence was not procedurally or substantively unreasonable.

Appellate Information

• Decided 05/20/2009
• Published 05/20/2009

Judges

• Before:  SCIRICA, Chief Judge, AMBRO, and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Sabrina G. Comizzoli, Esq., George S. Leone, Esq., Office of United States Attorney, Newark, NJ, for United States of America., Michael A. Baldassare, Esq., Gibbons, Newark, NJ, for Preston Jones.