U.S. v. KOREY

No. 05-3840.

472 F.3d 89 (2007)

UNITED STATES of America v. Jason KOREY, Appellant.

United States Court of Appeals, Third Circuit.

Filed January 4, 2007.


Attorney(s) appearing for the Case

Karen S. Gerlach, Lisa B. Freeland (Argued), Office of Federal Public Defender, Pittsburgh, PA, Attorneys for Appellant.

Laura S. Irwin (Argued), Office of United States Attorney, Pittsburgh, PA, Attorneys for Appellee.

Before SMITH, FISHER and COWEN, Circuit Judges.


FISHER, Circuit Judge.

Jason Korey appeals from his conviction on one count of using a firearm during and in relation to a conspiracy to distribute cocaine. He argues (1) that the jury instructions concerning conspiracy violated his right to due process because they contained an impermissible mandatory presumption, (2) that his Sixth Amendment right to be present at his trial was violated when the judge and the prosecutor had an ex parte meeting about an improper...

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