United States Third Circuit

Conviction for aiding and abetting armed bank robbery, where defendant's alibi relied on withheld testimony by the bank robber invoking his Fifth Amendment privilege, is affirmed where: 1) the government did not deliberately distort the factfinding process by delaying the bank robber's sentencing; 2) no evidence demonstrates that the Government’s action had any effect on the bank robber's decision to invoke his Fifth Amendment right not to incriminate himself by his testimony; and 3) the Government did not keep clearly exculpatory testimony from defendant's trial by refusing to immunize the bank robber.

Appellate Information

• Decided 08/14/2013
• Published 08/14/2013

Judges

• Ambro

Court

• United States Third Circuit

Counsel