United States Third Circuit

Where a prisoner makes a pro se motion for a downward departure based on the substandard conditions of his presentence detention, the court has the discretion to deny the motion but must explain its reasons.

Appellate Information

• Argued 03/09/2001
• Decided 10/16/2001
• Published 10/16/2001

Judges

• McKEE, Circuit Judge:, Before BECKER, McKEE and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Maureen Kearney Rowley, Chief Federal Defender, David L. McColgin, (Argued), Elaine DeMasse, Assistant Federal Defender, Supervising Appellate Attorney, Federal Court Division, Defender Association of Philadelphia, Philadelphia, PA, Attorney for Appellant.


• For Appellees:
  
• Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals, Kathleen M. Rice, (Argued), Assistant United States Attorney, Philadelphia, PA, Attorney for Appellee., Mitchell E. Zamoff, Hogan & Hartson, Washington, DC, Attorney for Appellee.