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.
Subscribe to:
Posts (Atom)
The District Court's indication of the sentence it would impose before the defendant allocuted was not reversible plain error.
In United States v. Packer , 83 F.4th 193 (3d Cir. Sept. 26, 2023), https://www2.ca3.uscourts.gov/opinarch/222554p.pdf , the ...
-
Greetings Blog readers, We are trying to determine how this Third Circuit blog can best suit your needs. If you have thoughts and suggesti...
-
February 23, 2023 Topics: Compassionate release February 24, 2023 Topics: Sex abuse of a ward, acquitted conduct https://www.ussc.gov/policy...
-
In United States v. Malik Nasir , Appeal No. 18-2888 , the Third Circuit finally resolved defendant Malik Nasir's appeal after review be...