UNITED STATES v. GIBBS

No. 82-1096.

739 F.2d 838 (1984)

UNITED STATES of America v. GIBBS, Stephen a/k/a "Jake," Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed March 22, 1983.

Vacated and Rehearing Granted May 19, 1983.

Reargued November 21, 1983.

Decided June 15, 1984.

As Amended June 19, 1984.


Attorney(s) appearing for the Case

Martin G. Weinberg (argued), Lillian A. Wilmore, Oteri, Weinberg & Lawson, Boston, Mass., Thomas A. Bergstrom, Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Robert L. Hickok (argued), Sp. Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM, SLOVITER, BECKER, Circuit Judges, and ROSENN, Senior Circuit Judge.


Panel Opinion Filed March 22, 1983.

Vacated and Rehearing En Banc Granted May 19, 1983.

Reargued In Banc November 21, 1983.

OPINION OF THE COURT

GARTH, Circuit Judge.

Defendant Stephen Gibbs was convicted after a jury trial in the United States District Court for the Eastern District of Pennsylvania of conspiracy to distribute marijuana in violation of 21 U.S.C. § 846 (1976). The conviction was based primarily on statements made...

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