United States Third Circuit

US v. HIMLER, 03-1387

Defendant, convicted of tendering false checks in the amount of $195,000, challenges his sentence and restitution obligation. District court erred in departing upward without giving notice to the parties; the sentence is therefore vacated and remanded.

Appellate Information

• Argued 10/23/2003
• Decided 01/23/2004
• Published 01/23/2004

Judges

• Before ALITO, FUENTES, and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Shelly Stark,Karen S. Gerlach, Federal Public Defender, Marketa Sims (Argued), Assistant Federal Public Defender, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Mary Beth Buchanan, United States Attorney, Paul M. Thompson (Argued), Bonnie R. Schlueter, Assistant United States Attorney, Pittsburgh, PA, for Appellee.