Third Circuit Blog
In USA v. Abrogar, No. 06-1215 (Aug. 18, 2006), appellant's sentence for failing to an keep accurate oil record book (required for ships by international treaty prohibiting oily waste discharges and 33 USC 1908(a)) was enhanced 6 levels because the offense "resulted in" discharges of oily waste, USSG 2Q1.3(b)(1). The Third Circuit disagreed, first observing that the offense only encompasses the failure to maintain accurate records while the ship is in US waters or at a US port. Applying a relevant conduct analysis, the Court reasoned that since no discharges occurred in US waters, they didn't occur during the commission of, in preparation for, or in the course of attempting to avoid detection for, the offense of conviction. Reversed and remanded.
Case summaries and commentary on recently decided criminal law cases in the Third Circuit provided by Federal Defenders and CJA Panel Attorneys.
Tuesday, September 19, 2006
Subscribe to:
Post Comments (Atom)
Sufficiency of Evidence for Bribery, Extortion and Related Charges in Political Corruption Trial U.S.A. v. Edwin Pawloski and U.S.A. v. Sc...
-
The defendant in United States v. Kirschner , __ F.3d __, 2021 WL 1570250 (3d Cir. April 22, 2021), imported counterfeit coins and bullion ...
-
US v. Metro, --- F.3d ---, 2018 WL 844823 ( 3d Cir Feb. 14, 2018) The Third Circuit vacated the sentence in an insider trading case d...
-
The en banc decision in United States v. Grant , No. 3820, https://www2.ca3.uscourts.gov/opinarch/163820pen.pdf , -- F.4th ----2021 WL 361...
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.