United States Third Circuit

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US v. Berrios, 07-2818

Convictions and sentences of four defendants are affirmed against contentions including evidentiary errors, prosecutorial misconduct, faulty jury instructions, sufficiency of the evidence, and double jeopardy, with holdings that: 1) a recorded conversation was not testimonial, and thus not subject to Confrontation Clause scrutiny; and 2) there was no double jeopardy violation because Congress, by expressly requiring an 18 USC section 924(c) violation before a penalty can be imposed under section 924(j), also intended subsection (j) to incorporate subsection (c)'s consecutive sentence mandate.

Appellate Information

  • Decided 04/10/2012
  • Published 04/10/2012


  • Fisher


  • United States Third Circuit


  • For Appellant:
  • Warren B. Cole, John A. Romano

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