United States Third Circuit

District court's conviction and sentencing of defendant for possessing a firearm in furtherance of drug trafficking, 18 U.S.C. section 924(c), and drug other related crimes is affirmed in part, vacated in part and remanded where: 1) one of defendant's two section 924(c) convictions is vacated and remanded for resentencing as application of the rule of lenity is particularly appropriate in the context of section 924(c) because of its mandatory consecutive sentences and extremely harsh penalties for subsequent convictions; and 2) district court's denial of defendant's motion for a mistrial is affirmed as the danger of unfair prejudice from a witness's testimony did not substantially outweigh its probative value.

Appellate Information

• Decided 01/15/2010
• Published 01/15/2010

Judges

• Before SLOVITER, FUENTES, and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ronald A. Krauss, (Argued), Office of Federal Public Defender, Harrisburg, PA, for Appellant.


• For Appellees:
  
• Michael A. Consiglio, (Argued), Eric Pfisterer, Office of United States Attorney, Harrisburg, PA, for Appellee.