US v. Diaz, No. 08-4088

District court's conviction and sentencing of defendant for possessing a firearm in furtherance of drug trafficking, 18 U.S.C. section 924(c), and drug other related crimes is affirmed in part, vacated in part and remanded where: 1) one of defendant's two section 924(c) convictions is vacated and remanded for resentencing as application of the rule of lenity is particularly appropriate in the context of section 924(c) because of its mandatory consecutive sentences and extremely harsh penalties for subsequent convictions; and 2) district court's denial of defendant's motion for a mistrial is affirmed as the danger of unfair prejudice from a witness's testimony did not substantially outweigh its probative value.     

Read US v. Diaz, No. 08-4088

Appellate Information

On Appeal from the United States District Court for the Middle District of Pennsylvania

Opinion Filed January 15, 2010

Judges

Before: Sloviter, Fuentes and Smith, Circuit Judges

Opinion by Circuit Judge Sloviter

Counsel:

For Appellant:  Ronald A. Krauss, Office of Federal Public Defender

For Appellee:   Michael A. Consiglio, Office of the US Attorney