[Download] "United States v. Salmon" by United States Court of Appeals for the Third Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Salmon
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 25, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
Richard Fitzpatrick, Amos Salmon, John Surratt and Raymond Washington appeal to this court from final judgments of conviction and sentence entered by the United States District Court for the Western District of Pennsylvania following a jury trial in which they were found guilty of conspiracy and substantive crimes relating to possession and distribution of cocaine. We address the following questions raised by their appeals: (1) whether the evidence against Fitzpatrick, Salmon and Surratt was sufficient to prove their convictions; (2) whether a variance between the indictment and proof as to the number of conspiracies existed to the prejudice of any defendant; (3) whether the district court erred in refusing to suppress a weapon found in Washingtons car trunk during a warrantless search following the vehicles seizure under Pennsylvania forfeiture law; (4) whether the courts refusal to give the entrapment instructions requested by Washington was an abuse of discretion; (5) whether the courts refusal to permit Washington to examine Surratt as to whether the confidential informant used cocaine while arranging sales was an abuse of discretion; and (6) whether the sentences imposed on Washington, Salmon and Surratt are clearly erroneous or otherwise contrary to law. For the reasons that follow, we will REVERSE Fitzpatricks convictions and vacate his sentences; AFFIRM the convictions and sentences of Salmon and Surrat; and REVERSE Washingtons conviction and vacate his sentence for felony weapon possession, but AFFIRM his other convictions and sentences imposed under the career offender Guidelines.