United States Third Circuit

To the extent that the district court suggested that a departure was warranted because of the paucity of prosecutions under 18 U.S.C. section 115(a)(1)(B) for threatening a federal official, the Court committed both legal and factual error and thus the case is remanded for the sole purpose of imposing a sentence within the range previously found by the District Court to be applicable.

Appellate Information

• Argued 06/02/2003
• Decided 11/20/2003
• Published 11/20/2003

Judges

• Before: ALITO, ROTH, and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Christopher J. Christie, United States Attorney, George S. Leone, Chief, Appeals Division, Deborah L. Goldklang (Argued), Newark, NJ, for Appellant.


• For Appellees:
  
• Lori M. Koch (Argued), Assistant Federal Public Defender, Camden, NJ, for Appellee.