United States Third Circuit

A conviction and sentence for armed robbery and conspiracy to commit that crime is affirmed in part and remanded where: 1) due to applicable circuit court precedent and because there was no error in a determination that defendant's confessions were voluntary, a delay in presenting defendant to a federal magistrate judge beyond that provided by 18 U.S.C. section 3501(c) does not result in suppressing his confessions; 2) no remand for resentencing per Booker was required as the district court did not treat the Guidelines as mandatory, nor did it fail to resolve a disputed Guidelines adjustment; but 3) the district court delegated, contrary to the Mandatory Victims Restitution Act, its duty to set a schedule of restitution payments.

Appellate Information

• Argued 03/06/2007
• Decided 08/31/2007
• Published 08/31/2007

Judges

• Before:  SLOVITER and AMBRO, Circuit Judges, and THOMPSON, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Maureen Kearney Rowley, Chief Federal Defender, David L. McColgin, Assistant Federal Defender, Supervising Appellate Attorney, Elizabeth T. Hey, (Argued), Assistant Federal Defender, Federal Community Defender Office, Eastern District of Pennsylvania, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Patrick L. Meehan, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Kenya S. Mann (Argued), Assistant United States Attorney, Philadelphia, PA, for Appellee.