U.S. v. RIVAS

No. 05-3380.

493 F.3d 131 (2007)

UNITED STATES of America v. José R. RIVAS, Appellant.

United States Court of Appeals, Third Circuit.

Rehearing Granted June 8, 2007.

Submitted Rehearing June 8, 2007.

Filed: June 26, 2007.


Attorney(s) appearing for the Case

Patrick L. Meehan, Robert A. Zaumzer, Anne Whatley Chain, [Argued], Andrea B. Grace, United States Attorney's Office, Philadelphia, PA, for Appellee.

Peter Goldberger, [Argued], Pamela A. Wilk, Ardmore, PA, Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for Appellant.

Before: SLOVITER, RENDELL, and CUDAHY, Circuit Judges.


Panel Rehearing Granted June 8, 2007.

Submitted After Panel Rehearing June 8, 2007.

OPINION OF THE COURT

CUDAHY, Circuit Judge.

A jury convicted Jose Ramon Rivas of conspiring to distribute crack cocaine in violation of 21 U.S.C. § 846. The court, acting in part because of a prior drug offense for which Rivas had been convicted, sentenced him to 240 months in prison. Rivas now appeals, arguing that his conviction is flawed by...

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