Case summaries of recently decided Third Circuit criminal law cases and other relevant updates provided by Federal Defenders and CJA Panel Attorneys.
Friday, March 24, 2006
Reasonableness of sentence
In US v. Giaquinto (# 05-2212, 3/23/06), the Court applies its recent opinion in US v. Cooper, 437 F.3d 324 (3d Cir. 2006), in upholding a below-guideline sentence as "reasonable." This was a defendant's appeal in which defendant argued that her 23 month sentence, which was 7 months below the guideline range, was unreasonably high because her co-defendant, who was much more culpable, received only 30 months. The Court found that the judge considered the section 3553(a) factors and imposed a reasonable sentence.
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The District Court's indication of the sentence it would impose before the defendant allocuted was not reversible plain error.
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