United States Third Circuit

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US v. Tomko, 05-4997

Sentence for tax evasion is confirmed where: 1) the the district court did not commit procedural error at sentencing, as the record shows the district court did not fail to meaningfully consider the 18 U.S.C. sec. 3553(a) factor of general deterrence; and 2) the court did not abuse its discretion in sentencing defendant, as the court conducted a thorough analysis of the sec. 3553(a) factors and gave logical reasons for the variance from the sentencing guidelines range.

Appellate Information

  • Argued 10/24/2006
  • Decided 04/17/2009
  • Published 04/17/2009

Judges

  • Before:  SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN and COWEN, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Nathan J. Hochman (Argued), Alan Hechtkopf, S. Robert Lyons, United States Department of Justice, Tax Division, Washington, DC, Attorneys for Appellant., Ellen C. Brotman, Philadelphia, PA, Peter Goldberger, Ardmore, PA, Attorneys for Amicus, National Association of Criminal Defense Lawyers., Lisa B. Freeland, Pittsburgh, PA, Attorney for Amicus, Federal Public and Community Defenders of the Third Circuit.

  • For Appellees:
  • J. Alan Johnson, (Argued), Cynthia R. Eddy, Johnson & Eddy, Pittsburgh, PA, Attorneys for Appellee.

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