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U.S. v. ROSA

No. 89-3013.

891 F.2d 1074 (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 Ronald R. PLISCO.

United States Court of Appeals, Third Circuit.

Decided December 8, 1989.

Rehearing and Rehearing Denied February 5, 1990.

Attorney(s) appearing for the Case

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

Joel Hirschhorn, P.A. (argued), Miami, Fla., for appellant.

Before BECKER, STAPLETON and GARTH, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 5, 1990.

GARTH, Circuit Judge:

The central issue presented by this appeal is whether the Jencks Act, 18 U.S.C. § 3500, which by its terms is limited to providing the defendant with government witnesses' statements only after the witness has testified on direct examination in the trial of the case, should be extended to providing government witnesses' statements at sentencing hearings.

I.

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