Opinions of the United
2006 Decisions                                                                                                             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Precedential or Non-Precedential: Precedential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


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                                                                           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); . . .




       *
         The Honorable Thomas M. Reavley, United States Circuit Judge for the Fifth Circuit,
sitting by designation.
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:

                                        2
              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.




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