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U.S. v. FEDROFF

No. 88-5714.

874 F.2d 178 (1989)

UNITED STATES of America v. Joe FEDROFF. Appeal of Joseph FEDROFF.

United States Court of Appeals, Third Circuit.

Decided May 11, 1989.

Rehearing Denied July 10, 1989.

Attorney(s) appearing for the Case

John F. McMahon (argued), Federal Public Defender, Dist. of N.J., Newark, N.J., for appellant.

Edna Ball Axelrod, Daniel Gibbons (argued), Chief, Appeals Div., U.S. Attorney's Office, Newark, N.J., for appellee.

Before HUTCHINSON, SCIRICA and NYGAARD, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Joseph Fedroff appeals his convictions for mail fraud, extortion, and accepting kickbacks. The issue raised by this appeal is whether the defendant is entitled to a new trial in light of Mathews v. United States, 485 U.S. 58, 108 S.Ct. 883, 99 L.Ed.2d 54 (1988). Because we find that the defendant is entitled to a jury instruction on entrapment, we will vacate the convictions...

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