United States Third Circuit

Under USSG 5K2.20, a sentencing court is required to determine whether the defendant's conduct constituted aberrant behavior, and whether the case is extraordinary, and may consider the five factors of an "extraordinary" case delineated in Application Note 2.

Appellate Information

• Argued 06/21/2001
• Decided 09/20/2001
• Published 09/20/2001

Judges

• Before ROTH, AMBRO, and FUENTES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Andrea D. Bergman (argued), Assistant Federal Public Defender, Newark, NJ, Attorney for Appellant.


• For Appellees:
  
• Robert J. Cleary, United States Attorney, George S. Leone Chief, Appeals Division, Michael Martinez (argued), Assistant U.S. Attorney, Newark, NJ, Attorneys for Appellee.