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U.S. v. BERKERY

No. 87-1637.

889 F.2d 1281 (1989)

UNITED STATES of America v. BERKERY, John, Appellant.

United States Court of Appeals, Third Circuit.

Resubmitted on Petition for Rehearing July 14, 1989.

Decided November 21, 1989.

Attorney(s) appearing for the Case

John Berkery, Marianna, Fla., pro se.

Joel M. Friedman, Atty. in Charge, Louis R. Pichini, Asst. Atty. in Charge, U.S. Dept. of Justice, Edward S. G. Dennis, Jr., U.S. Atty., E.D. Pa., Philadelphia, Pa., Andrew Levchuk, Atty., Dept. of Justice, Washington, D.C., for appellee.

Before MANSMANN, SCIRICA and COWEN, Circuit Judges.

Resubmitted on Petition for Panel Rehearing July 14, 1989.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal we are faced with the effect of a change in the law of the entrapment defense wrought by the Supreme Court's decision in Mathews v. United States, 485 U.S. 58, 108 S.Ct. 883, 99 L.Ed.2d 54 (1988), which held that a defendant does not have to admit all the elements of a crime in order to receive...

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