United States Third Circuit

A sentence for offenses arising from a conspiracy to distribute crack cocaine and cocaine powder is vacated and remanded where the manner by which the district court reduced defendant's prior sentence of 48 months to a new sentence of 42 months was inconsistent with proper sentencing procedure, and it should have considered a departure from the calculated range of 41 to 51 months, not from the vacated 48-month sentence.

Appellate Information

• Argued 01/22/2007
• Decided 08/27/2007
• Published 08/27/2007

Judges

• Before: SCIRICA, Chief Judge, FUENTES and CHAGARES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John A. Abom (Argued), Abom & Kutulakis, Carlisle, PA, for Appellant.


• For Appellees:
  
• Christy H. Fawcett, Lorna N. Graham (Argued), Office of the United States Attorney, Harrisburg, PA, for Appellee.