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Notable split decisions from Third Circuit in government appeals of probationary sentences

By Douglas A. Berman

I suspect that everyone interested in federal sentencing jurisprudence will find something they like and something they don't like in two big rulings today from the Third Circuit.  Here are basics of the two  decisions, drawn from their openning paragraphs: US v. Howe, No. 07-1404 (3d Cir. Sept. 18, 2008) (available here):In this appeal we review the sentence imposed on a defendant who was convicted of two counts of wire fraud.  The sentence consisted of two years? probation (including three months? home confinement), despite an advisory Sentencing Guidelines range of 18 to 24 months? imprisonment.  The District Court imposed no fine and no forfeiture (other than the special assessment of $200).  The Government appeals from the District Court?s judgment of sentence...continue to full post

Full post as published by Sentencing Law and Policy on September 18, 2008 (boomark / email).