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United States v. Donofrio

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: July 11, 1988.

UNITED STATES OF AMERICA,
v.
THOMAS DONOFRIO ET AL., JAMIE RAMOS, APPELLANT

On Appeal from the United States District Court for the District of New Jersey, D.C. Criminal No. 86-00177-02, District Judge Robert E. Cowen

Author: Sloviter

JUDGMENT ORDER

Before: SLOVITER, SCIRICA, and WEIS, Circuit Judges

After consideration of the contentions raised by appellant, to wit:

1. The Government failed to prove beyond a reasonable doubt that appellant distributed cocaine on March 3rd where no exchange of packages was observed, no cocaine was ever seized or tested, and the preceding conversations, as interpreted by the Government's expert on drug vernacular, demonstrated that the parties reached no agreement to sell or exchange cocaine at that time;

2. Appellant was denied his due process right to a fair trial when he was forced to defend against his alleged possession of $150,000 in cash although that money was not found in his possession and was never satisfactorily connected to him;

3. The admission of the hearsay statement of appellant's non-testifying co-defendant, Donofrio, who said that he would not live if he talked about the people he dealt with violated appellant's Sixth Amendment right to confront the witnesses against him and severely undermined his right to a fair trial; and

4. The sentence imposed upon appellant did not satisfy even the appearance of justice in light of the gross disparity between the punishment meted out to appellant and the treatment received by his co-defendant, Donofrio,

it is ORDERED and ADJUDGED that the judgment of the district court be and is hereby affirmed.

19880711

© 1998 VersusLaw Inc.



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