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U.S. v. COHEN

No. 97-1888, 98-1004.

171 F.3d 796 (1999)

UNITED STATES of America, Appellant in No. 97-1888 v. Gerson COHEN, Appellant in No. 98-1004

United States Court of Appeals, Third Circuit.

Reargued January 12, 1999.

Opinion filed February 19, 1999.

Attorney(s) appearing for the Case

Michael R. Stiles, Walter S. Batty, Jr., Amy L. Kurland (Argued), Office of the United States Attorney, Philadelphia, PA, Counsel for Appellant/Cross-Appellee United States of America.

Catherine M. Recker (Argued), Aeryn S. Fenton, Welsh & Recker, P.C., Philadelphia, PA, Counsel for Appellee/Cross-Appellant Gerson Cohen.

Before: SCIRICA, NYGAARD, and ROTH, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

A jury convicted Gerson Cohen of mail fraud for paying kickbacks to a grocery store's purchasing agents. Cohen challenges his conviction, claiming that the evidence was insufficient; that the Court improperly admitted evidence that his coconspirators had pleaded guilty; and that the Court wrongfully denied judicial immunity to a defense witness. We will affirm his conviction. The Government appeals Cohen's sentence...

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