United States Third Circuit

In an appeal arising in circumstances in which a district court imposed a sentence of probation and home confinement for software counterfeiting-related offenses, even though the advisory sentencing guidelines called for incarceration and specifically excluded the option of probation, the sentence is vacated where the district court failed to address specific concerns and objections raised by the government at sentencing.

Appellate Information

• Argued 01/29/2007
• Decided 05/08/2007
• Published 05/08/2007

Judges

• Before: BARRY and ROTH, Circuit Judges, DEBEVOISE, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mary Beth Buchanan, United States Attorney, Laura S. Irwin, (Argued), Assistant United States Attorney, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Robert E. Stewart, (Argued), Stewart, Melograne & Zinski, Pittsburgh, PA, for Appellee.