United States Third Circuit
US v. Ausburn, 06-2250
Sentence for using a telephone and computer to persuade a minor to engage in illegal sexual activity is vacated where the district court did not provide a statement of reasons sufficient to permit a review of whether defendant's sentence was reasonable under the circumstances. Defendant's due process argument is rejected where advance notice of potential sentencing variances is not required under the Federal Rules of Criminal Procedure.
Appellate Information
- Argued 06/08/2007
- Decided 09/10/2007
- Published 09/10/2007
Judges
- Before: SMITH and GREENBERG, Circuit Judges, and POLLAK, District Judge.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Lisa B. Freeland, Esquire, Federal Public Defender, Karen Sirianni Gerlach, Esquire (argued), Assistant Federal Public Defender, Office of Federal Public Defender, Pittsburgh, PA, for Appellant.
- For Appellees:
- Mary Beth Buchanan, Esquire, United States Attorney, Laura Schleich Irwin, Esquire (argued), Assistant United States Attorney, Robert L. Eberhardt, Esquire, Office of United States Attorney, Pittsburgh, PA, for Appellee.