United States v. One 1973 Rolls Royce

Opinion

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United States v. One 1973 Rolls Royce Precedential or Non-Precedential: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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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

____________

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