United States Third Circuit

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

Judges

• Fisher

Court

• United States Third Circuit

Counsel

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