U.S. v. PAWLOWSKI

No. 10-4105.

682 F.3d 205 (2012)

UNITED STATES of America v. Robert PAWLOWSKI, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: June 19, 2012.


Attorney(s) appearing for the Case

Lisa B. Freeland, Esquire , Federal Public Defender, Karen Sirianni Gerlach, Esquire (Argued), Assistant Federal Public Defender, Pittsburgh, PA, for Appellant.

David J. Hickton, Esquire , United States Attorney, Kelly R. Labby, Esquire , Assistant United States Attorney, Rebecca R. Haywood, Esquire , Laura S. Irwin, Esquire , Michael I. Ivory, Esquire (Argued), Office of the United States Attorney, Pittsburgh, PA, for Appellee.

Before: FISHER, VANASKIE and ROTH, Circuit Judges.


OPINION

ROTH, Circuit Judge:

Robert Pawlowski appeals both his conviction of one count of attempted enticement of a minor, in violation of 18 U.S.C. § 2422(b), and the sentence imposed by the District Court. Pawlowski raises three arguments: (1) the government's remark that defense counsel would "certainly present evidence" violated his Fifth Amendment rights, (2) the evidence at trial was insufficient to prove that he believed he was communicating...

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