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U.S. v. TOLIVER

No. 01-4469.

330 F.3d 607 (2003)

UNITED STATES of America v. Jeremiah D. TOLIVER, Appellant.

United States Court of Appeals, Third Circuit.

Filed June 4, 2003.

Attorney(s) appearing for the Case

Renee Pietropaolo, Karen S. Gerlach, W. Penn Hackney, Appellate Attorney, Federal Public Defender, Pittsburgh, PA, for Appellant.

Christian A. Trabold, Assistant U.S. Attorney, Erie, PA, for Appellee.

Before BARRY and AMBRO, Circuit Judges, DOWD, District Judge.

Submitted Under Third Circuit LAR 34.1(a) November 21, 2002.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Jeremiah D. Toliver was convicted by a jury in the Western District of Pennsylvania of violating 18 U.S.C. § 922(g)(1) (possession of a firearm by a convicted felon). During jury deliberations, the District Court answered a jury question without first notifying either the defendant or defense counsel. Toliver argues on appeal that this violated...

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