U.S. v. ROSA

No. 88-3742.

891 F.2d 1071 (1989)

The UNITED STATES, Appellee, v. Joseph F. ROSA, William A. Kostrick, Martin R. Antonelli, Daniel J. Campbell, Paul F. Connelly, Jr., William Anthony Dadamo "Machine Gun Tony", Vivian Davis, Jorge Diaz, William Edgar Gates "Butch", Donna Marie George, Susan Francis George, Raymond G. Ily, Gary Francis Jones "Spanky", Larry H. Linn, James Luketic "Lukey", Victor E. Marchitello, Richard Wayne Naugle, Mark D. Nicklow, Robert William Noble, Timothy O'Conner, Perry C. Perrino, Ronald R. Plisco "Sam Catalano", "Fat Sam", Charles H. Readel, Richard Reshenberg, Dino Romano, William Duane Smith, Richard A. Stefanik "Wrinkle", Diania Lynn George Wertz "Dee Dee Wertz". Appeal of Mark NICKLOW.

United States Court of Appeals, Third Circuit.

Decided December 8, 1989.


Attorney(s) appearing for the Case

Charles D. Sheehy, Acting U.S. Atty., Paul J. Brysh, Asst. U.S. Atty., Pittsburgh, Pa., for appellee.

Victor H. Pribanic, McKeesport, Pa., for appellant.

Before BECKER, STAPLETON and GARTH, Circuit Judges.


Submitted Pursuant to Third Circuit Rule 12(6) June 8, 1989.

GARTH, Circuit Judge:

Two issues are presented in this appeal, and each can be disposed of with relatively little discussion. The first is whether the district court for purposes of sentencing was required to resolve factual differences between Nicklow's and the government's versions of the offense. The second is whether Nicklow is entitled to Jencks Act (18 U.S.C. § 3500) material at the time...

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