UNITED STATES v. LEE

No. 75-1888.

532 F.2d 911 (1976)

UNITED STATES of America, Appellee, v. Gary D. LEE, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 22, 1976.


Attorney(s) appearing for the Case

John F. McMahon, First Asst. Federal Public Defender for the District of New Jersey, Newark, N. J., for appellant.

Jonathan L. Goldstein, U. S. Atty., Maryanne T. Desmond, Asst. U. S. Atty., Newark, N. J., for appellee.

Before SEITZ, Chief Judge, and VAN DUSEN and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

Though justice should be tempered with mercy, the guilty verdict of a jury may not be conditioned upon the compassion of a sentencing judge. The defendant in this case contends that a jury's note pleading for leniency raised the specter of an equivocal verdict and required the trial judge to question the jurors on their intentions. The judge declined to do so and we conclude that his decision was not erroneous. We...

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