U.S. v. PELULLO

Nos. 93-1261, 93-1284.

14 F.3d 881 (1994)

UNITED STATES of America v. Leonard A. PELULLO, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 24, 1994.

Sur Petition for Rehearing March 22, 1994.


Attorney(s) appearing for the Case

John Nields (argued), W. Neil Eggleston, Richard A. Ripley, Diane B. Heller, Dianne S. Pickersgill, Howrey & Simon, Washington, DC, William J. Winning, Curran, Winning & Fioravanti, Media, PA, for appellant.

Michael J. Rotko, U.S. Atty., Ronald G. Cole (argued), Joel M. Friedman, Walter S. Batty, Jr., Frank A. Labor III, Asst. U.S. Attys., Philadelphia, PA, for appellee.

Before: HUTCHINSON, COWEN and NYGAARD, Circuit Judges.


OPINION OF THE COURT

COWEN, Circuit Judge:

This is the second time that Leonard A. Pelullo appeals to this court from the final judgment of conviction entered in the United States District Court for the Eastern District of Pennsylvania as well as the sentences imposed on him. We conclude that his appeal is meritorious and will reverse the conviction and the sentence imposed for the conviction resulting from the retrial. We will also vacate the resentencing...

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