United States Third Circuit

Conviction for drug possession with intent to distribute in violation of 21 U.S.C. Section 841(a)(1) is affirmed, but the sentence vacated and case remanded for resentencing, where: 1) the Court was not persuaded that there was prosecutorial misconduct in the form of false government testimony; 2) plaintiff had ample opportunity to press the government witnesses on the supposed prosecutorial misconduct claims during trial; 3) the lower court did not properly assess firearm enhancement using the four Drozdowski factors, and instead placed too much emphasis on the physical location of plaintiff's pistol. The lower court misapplied the firearm enhancement standard under U.S.S.G. section 2D1.1, and on remand, it must determine whether the plaintiff committed perjury and sentence accordingly.

Appellate Information

• Decided 08/06/2014
• Published 08/06/2014

Judges

• Smith

Court

• United States Third Circuit

Counsel