Opinions of the United 1994 Decisions States Court of Appeals for the Third Circuit

12-7-1994

United States v. One 1973 Rolls Royce Precedential or Non-Precedential:

Docket 93-1417

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Recommended Citation "United States v. One 1973 Rolls Royce" (1994). 1994 Decisions. Paper 211. http://digitalcommons.law.villanova.edu/thirdcircuit_1994/211

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____________

NO. 93-1417 ____________

UNITED STATES OF AMERICA,

Appellee v.

ONE 1973 ROLLS ROYCE, V.I.N. SRH-16266, (by and through Claimant Oscar B. Goodman),

Appellant

________________________________

NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS,

Amicus-curiae

________________________________________________________

On Appeal From the United States District Court For the Eastern District of Pennsylvania (D.C. Civ. No. 90-01487) ________________________________________________________

Argued: December 6, 1993

Before: BECKER, NYGAARD, and WEIS, Circuit Judges. Opinion Filed: November 25, 1994

MICHAEL R. STILES United States Attorney WALTER S. BATTY, JR. Assistant U.S. Attorney Chief of Appeals JOEL M. FRIEDMAN Assistant U.S. Attorney FRANK A. LABOR, III (ARGUED) Assistant U.S. Attorney 615 Chestnut Street Philadelphia, PA 19106

Attorneys for Appellee United States of America

DAVID CHESNOFF, ESQUIRE (ARGUED) Goodman & Chesnoff 520 South Fourth Street Las Vegas, Nevada 89101

STEPHEN STEIN, ESQUIRE 520 South Fourth Street Las Vegas, Nevada 89101

ROBERT E. MURDOCK, ESQUIRE Murdock & Palazzo 520 South Fourth Street Las Vegas, Nevada 89101

Attorneys for Appellant One 1973 Rolls Royce VIN SRH-16266

PETER GOLDBERGER, ESQ. (ARGUED) 50 Rittenhouse Place Ardmore, PA 19003-2276

Attorney for Amicus-curiae National Association of Criminal Defense Lawyers

__________________________

ORDER AMENDING OPINION __________________________

The opinion in the above-captioned case filed November

25, 1994, is amended as follows:

1. On page 4, the beginning second sentence should

read as follows:

Nicodemo Scarfo, Sr., a co-defendant of Goodman's

former clients (and at one time . . .) 2. On page 9, first paragraph after Section IIA, the

date should be January 1986.

3. On page 11, first full paragraph, delete the word

"unexpected" on the first line. In the second paragraph, on the

first line replace "Eventually" with "Meanwhile," and add the

word "had" before convinced. In the last sentence, replace the

phrase "counter-surveillance equipment" with "surveillance

devices."

4. On page 29 within footnote 17, last paragraph, in

penultimate sentence, add the word "absolute" before "Sixth

Amendment."

5. On page 36, in the paragraph after the indentation,

in the first sentence, replace "any one" with "either."

BY THE COURT:

/s/ Edward R. Becker Circuit Judge

DATED: December 7, l994