United States v. Gary D. Lee

OPINION OF THE COURT

WEIS, Circuit Judge.

Though justice should be tempered with mercy, the guilty verdict of a jury may not be conditioned upon the compassion of a sentencing judge. The defendant in this case contends that a jury’s note pleading for leniency raised the specter of an equivocal verdict and required the trial judge to question the jurors on their intentions. The judge declined to do so and we conclude that his decision was not erroneous. We disagree with the defendant’s other assertions that certain evidentiary rulings were incorrect and, accordingly, we affirm.

After a jury was…