United States of America v. Linda Lee Chandler

PRECEDENTIAL
Filed July 18, 2003
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-2572
UNITED STATES OF AMERICA,
v.
LINDA LEE CHANDLER,
Appellant
On Appeal from the United States District Court
for the Western District of Pennsylvania
D.C. No. 00-CR-00169
District Judge: Honorable Donetta W. Ambrose
ORDER AMENDING SLIP OPINION
POLLAK, District Judge:
It is now ordered that the published Opinion in the above
case filed April 14, 2003, be amended as follows:
In the paragraph beginning on page 221 of 326 F.3d, and
continuing onto page 222, after the phrase “three ounces of
cocaine,” insert the following footnote:
The following excerpts from Sylvester’s trial testimony
confirm Sylvester’s recognition of the importance of
testifying in conformity with the government’s
expectations. On direct examination, the following
exchange occurred between Mr. Rivetti and Sylvester:

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Q: . . . . What is your understanding under the plea
agreement as to the information you are
providing to the agents, could that information
be used against you?
A: Yes, if in fact that I didn’t hold up to my part of
the bargain, so to speak. That was part of the
plea bargaining, making sure all the information
that I provided was with honesty and truthful
and that if at any time that I decided to basically
not continue to cooperate, that that information
could be used against me.
Q: All right. So if you were truthful, it wouldn’t be
used against you?
A: That is correct.
Q: So you agreed to tell everything you knew about
the drug trafficking?
A: Yes.
Q: And your liability was limited to what?
A: The three ounces that I sold to the individual.
On cross-examination, the following exchange occurred
between Mr. Scorotow and Sylvester:
Q: Let’s talk about that [plea] agreement. The final
person who put in that you’re honest and
truthful is sitting right here, Mr. Rivetti, isn’t
that correct?
A: I’m sorry?
Q: The person who put what we call that 5K motion
in to Judge Ziegler was Mr. Rivetti right here?
A: Yes.
Q: So he’s the arbitrator on if you’re truthful or not,
right?
A: Yes. I would believe so.
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By the Court,
/s/ Louis H. Pollak
District Judge
Dated: July 18, 2003
A True Copy:
Teste:
Clerk of the United States Court of Appeals
for the Third Circuit
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