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Criminal Law

: Third Circuit Blog

Failure to postpone sentencing contravened the principles underlying the right to allocution, codified in Fed.R. Crim. P. 32(i)(4)(A)

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

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In United States v. Chapman, Appeal No. 17-1656 (Feb. 7, 2019), https://www2.ca3.uscourts.gov/opinarch/171656p.pdf, the Third Circuit vacated a criminal sentence because the District Court had failed to postpone the sentencing hearing. Chapman?s lawyer did not notify Chapman of the court date, and so, on the day of sentencing, Chapman asked the District Court to give him at least a week to collect letters from his family. For his role in a cocaine distribution conspiracy, Chapman was found to be a career offender with an advisory guideline range of 188 to 235 months. As part of the plea, the government would recommend a sentence of 188 months, and Chapman could seek a variance no lower than 144 months. The District Court sentenced him to 192 months...continue to full post

Full post as published by Third Circuit Blog on February 10, 2019 (boomark / email).