2006 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

8-28-2006

USA v. Price

Precedential or Non-Precedential: Precedential

Docket No. 05-2968

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Recommended Citation

"USA v. Price" (2006). 2006 Decisions. Paper 494.

http://digitalcommons.law.villanova.edu/thirdcircuit_2006/494
*

The Honorable Thomas M. Reavley, United States Circuit Judge for the Fifth Circuit,

sitting by designation.

PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

No. 05-2968

 

UNITED STATES OF AMERICA

 v.

KEENAN PRICE,

 Appellant

 

On Appeal from the United States District Court

for the Eastern District of Pennsylvania

(D.C. No. 03-cv-00147)

District Judge: Honorable William H. Yohn, Jr.

 

Argued June 15, 2006

Before: FISHER, CHAGARES and REAVLEY,* Circuit Judges.

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the opinion in the above case, filed June 30,

2006, be amended as follows:

Page 2, footnote 1, line 3, which read:

18 U.S.C. § 922(c) (gun possession in furtherance); . . .

shall read:

18 U.S.C. § 924(c) (gun possession in furtherance); . . .
2

Page 2, first paragraph, second sentence, which read:

Price raises three issues: first, that the District Court

improperly allowed two police officers to present hearsay

testimony about the contents of the radio report to which they

responded; second, that the District Court improperly allowed

the government’s expert witness to testify about Price’s

mental state; and third, that the District Court improperly

instructed the jury on the meaning of “in furtherance” in 18

U.S.C. § 922(c).

shall read:

Price raises three issues: first, that the District Court

improperly allowed two police officers to present hearsay

testimony about the contents of the radio report to which they

responded; second, that the District Court improperly allowed

the government’s expert witness to testify about Price’s

mental state; and third, that the District Court improperly

instructed the jury on the meaning of “in furtherance” in 18

U.S.C. § 924(c).

Page 5, last paragraph, first sentence, which read:

Finally, the District Court instructed the jury on the meaning

of “in furtherance” in § 922(c).

shall read:

Finally, the District Court instructed the jury on the meaning

of “in furtherance” in § 924(c).

Page 24, Part C, first paragraph, first sentence, which read:

Price argues, finally, that the jury instructions failed to define

the “in furtherance” component of § 922(c), and thus allowed

the jury to infer that mere possession of a gun while

committing a crime is sufficient for conviction.

shall read:

Price argues, finally, that the jury instructions failed to define

the “in furtherance” component of § 924(c), and thus allowed

the jury to infer that mere possession of a gun while

committing a crime is sufficient for conviction.

Page 24, Part C, second paragraph, last sentence, which read:
3

By specifying that the gun must have “furthered” or been

“integral” to the underlying crime, the instruction adequately

conveyed that possession of a gun while committing a crime

is not, in itself, enough for conviction under § 922(c).

shall read:

By specifying that the gun must have “furthered” or been

“integral” to the underlying crime, the instruction adequately

conveyed that possession of a gun while committing a crime

is not, in itself, enough for conviction under § 924(c).

By the Court,

/s/ D. Michael Fisher 

Circuit Judge

Dated: August 28, 2006

CRG/cc: Paul J. Hetznecker, Esq.

 Joseph F. Minni, Esq.