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.
- Argued 10/23/2003
- Decided 01/23/2004
- Published 01/23/2004
- Before ALITO, FUENTES, and BECKER, Circuit Judges.
- United States Third Circuit
- 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.