In United States v. Cooper, 2005 WL 17968 (3d Cir. 1/5/05), the Third Circuit held that "good works," i.e., charitable contributions, though a discouraged factor under the federal sentencing guidelines, can be a valid justification for a downward departure at sentencing. Consequently, the Court affirmed a district court’s decision to downwardly depart four offense levels in a securities fraud and tax evasion case based upon defendant’s exceptional good works where defendant not only donated money to charity, but also made contributions of a personal nature, such as mentoring an underprivileged young man and aiding other young men in gaining an education. The majority opinion also addressed and applied the de novo standard of review under the PROTECT Act.
In a dissenting opinion, Judge Sloviter criticized the majority's application of the new standard of review. Judge Sloviter believed that a fair de novo review required reversal because the PROTECT Act was sought, in part, to discontinue the trend of leniency toward white collar criminals.
Case summaries of recently decided Third Circuit criminal law cases and other relevant updates provided by Federal Defenders and CJA Panel Attorneys.
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Two wins in the Third Circuit interpreting whether PA aggravated assault statute is an ACCA predicate: United States v. Marc Harris and United States v. Samuel Jenkins
United States v. Marc Harris United States v. Samuel Jenkins In United States v. Harris , -- F.4th --, 2023 WL 3494771 (3d Cir. May 17, 20...
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The Third Circuit issued another strongly worded precedential Rule 404(b) opinion today, explaining that the strictures of the rule are oft...
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Greetings Blog readers, We are trying to determine how this Third Circuit blog can best suit your needs. If you have thoughts and suggesti...
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In United States v. Malik Nasir , Appeal No. 18-2888 , the Third Circuit finally resolved defendant Malik Nasir's appeal after review be...