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U.S. v. McDonel

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


May 23, 1991

UNITED STATES OF AMERICA
v.
DALE T. MCDONEL, APPELLANT

On Appeal from the United States District Court for the Middle District of Pennsylvania; (D.C. Criminal No. 90-00176); District Judge: Hon. Sylvia H. Rambo.

Hutchinson, Cowen and Garth, Circuit Judges.

JUDGMENT ORDER

After considering the contentions raised by appellant, to wit:

1. Has the government presented evidence sufficient to sustain a conviction under 18 U.S.C. ยง 924(c), given the transactional analysis applied by the Third Circuit in United States v. Theodoropoulos ; and

2. Should a new trial be granted based upon the district court's erroneous denial of appellant's motion to suppress evidence based upon the knock and announce rule; it is

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

19910523

© 1998 VersusLaw Inc.



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