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U.S. v. SANDINI

Nos. 86-3125, 86-3131.

816 F.2d 869 (1987)

The UNITED STATES v. Hilmer Burdette SANDINI, Ernest G. Rockwell, George White Kost, Ronald Paul Urban, Carol Ann Hineman Sandini, Sandra Jean Sandini, Michael Frawley, David Thompson, George Strickler, Sherman John Glunt, Santos Ruiz, Robert Kotula, Eugene Anthony Gesuale, Robert Maker, Vincent Ciraolo, Richard Moody, Edward Mills, Rex Foster, Kenneth Hill, Harry Jessup, Rose Jessup. Appeal of Ronald Paul URBAN. The UNITED STATES v. Hilmer Burdette SANDINI a/k/a H.B. Sandini, Sandy, The Old Man; George White Kost a/k/a George Kostishach, Maitre D', Richard Reed; Ronald Paul Urban. Appeal of Ronald Paul URBAN.

United States Court of Appeals, Third Circuit.

Rehearing Denied June 3, 1987.

Attorney(s) appearing for the Case

Gary B. Zimmerman (argued), Pittsburgh, Pa., for appellant Ronald Paul Urban.

Constance M. Bowden (argued), Asst. U.S. Atty., J. Alan Johnson, U.S. Atty., Pittsburgh, Pa., for appellee United States.

Before GIBBONS, Chief Judge, WEIS and HUNTER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Defendant chose not to take the witness stand during the guilt phase of this criminal trial, and the district court barred him from testifying in the forfeiture proceedings which followed the guilty verdict. We conclude that this ruling was erroneous and that a defendant's rights may be accommodated reasonably through bifurcation of the evidentiary phases. Consequently, we will grant a new trial on the forfeiture...

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