UNITED STATES v. FERRI

Nos. 82-5103, 82-5198 and 82-3227.

686 F.2d 147 (1982)

UNITED STATES of America, Appellant in Nos. 82-5103; 82-5198 v. Francis D. FERRI a/k/a Rick Joseph Laverich, Kenneth R. Matthews, Kenneth R. Matthews, Appellee. UNITED STATES of America, Petitioner in No. 82-3227, v. Honorable Rabe F. MARSH, United States District Judge for the Western District of Pennsylvania, Nominal Respondent, Kenneth R. Matthews, Respondent.

United States Court of Appeals, Third Circuit.

Decided August 3, 1982.

Rehearing and Rehearing Denied August 24, 1982.


Attorney(s) appearing for the Case

J. Alan Johnson, U. S. Atty., Sandra D. Jordan (argued), Asst. U. S. Atty., Pittsburgh, Pa., for appellant.

George F. Schumacher, Federal Public Defender, Thomas S. White (argued), Asst. Federal Public Defender, Pittsburgh, Pa., for appellee/respondent, Kenneth R. Matthews.

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


Rehearing and Rehearing En Banc Denied August 24, 1982.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

BACKGROUND

Based on his alleged participation in a conspiracy to bomb the automobile of his business associate, Lynn P. Dunn, as part of a scheme to collect the proceeds of an insurance policy on Dunn's life, appellee Kenneth Matthews was convicted for maliciously damaging a vehicle used in interstate commerce by means of an...

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