Friday, March 24, 2006
In US v. Leahy (#03-4490) (panel decision) the 3rd Cir. provides the panel decision deciding the issues not addressed in the Court's en banc Leahy decision (which only addressed whether Booker applies to restitution and forfeiture). The Leahy panel decision is a lengthy one addressing jury instructions on bank fraud and related issues (good faith, willful blindness, intangible rights and co-schemer's liability), and affirming on these issues. The Court also affirms on the sufficiency of the evidence, but remands under Booker for resentencing and for recalculation of the loss amount.