UNITED STATES of America,
v.
Paul J. LEAHY, Appellant
United States of America,
v.
James C. Fallon, Appellant
United States of America,
v.
Timothy Smith, Appellant
United States of America,
v.
Dantone, Inc., t/a Carriage Trade Auto Auction, Appellant
United States of America,
v.
Kennard Gregg, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 1, 2005.
Filed February 15, 2006.
Attorney(s) appearing for the Case
Ian M. Comisky (Argued), Jordana Cooper, Matthew D. Lee, Blank Rome LLP, Philadelphia, PA, Robert E. Welsh, Jr., Welsh & Recker, Philadelphia, PA, Jeffrey M. Miller, Nasuti & Miller, Philadelphia, PA, for Appellants Paul J. Leahy, Timothy Smith and Dantone Inc.
Robert Epstein (Argued), David McColgin (Argued), Elaine DeMasse, Maureen Kearney Rowley, Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellants James C. Fallon and Kennard Gregg.
Patrick L. Meehan, Laurie Magid, Mary E. Crowley, Joseph G. Poluka, Robert A. Zauzmer (Argued), Office of the United States Attorney, Philadelphia, PA, David Farnham, United States Department of Justice, Washington DC, Joshua L. Dratel, Law Offices of Joshua L. Dratel, New York, NY, for Amicus Curiae Party National Association of Criminal Defense Lawyers.
Before SCIRICA, Chief Judge, SLOVITER, ALITO, ROTH, MCKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, VAN ANTWERPEN, ROSENN and BECKER Circuit Judges.
United States Court of Appeals, Third Circuit.
FUENTES, Circuit Judge.
We ordered rehearing en banc in three separate appeals to determine whether the District Courts' orders of restitution and forfeiture violated defendants' Sixth Amendment right to trial by jury.
I. Background
In United States v. Paul J. Leahy, 2006 WL 335806, following trial, a jury found defendant Dantone, Inc. ("Dantone"), and its two senior managers, defendants Paul...
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