Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

En banc Third Circuit upholds probation sentence in tax evasion case

By Douglas A. Berman

On the heels of yesterday's long panel ruling finding a child porn downloader's sentence unreasonable as too harsh in Olhovsky (discussed here), the Third Circuit today issued an even longer en banc opinion in US v. Tomko, No. 05-4997 (3d Cir. April 17, 2009).  A helpful reader send me the ruling (which does not yet appear on line, but can be downloaded below), and here is how the majority opinion starts: The Government appeals the reasonableness of William Tomko?s below-Guidelines sentence of probation, community service, restitution, and fine for his tax evasion conviction. If any one of a significant number of the members of this Court ? including some in today?s majority ? had been sitting as the District Judge, Tomko would have been sentenced to some time in prison...continue to full post

Full post as published by Sentencing Law and Policy on April 17, 2009 (boomark / email).