United States Third Circuit

Defendants' sentences for fraud resulting from defendants' use of a school to obtain federal funds for classes that were never conducted are reversed and remanded pursuant to the government's challenge where: 1) the district court erred in its initial Guidelines calculations, particularly in failing to apply a preponderance standard to determine the loss amount; 2) it relied on inappropriate factors for its downward departures; and 3) the resulting sentences were unreasonable.

Appellate Information

• Argued 01/16/2007
• Decided 11/27/2007
• Published 11/27/2007

Judges

• Before:  McKEE, AMBRO and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Patrick L. Meehan, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney Chief of Appeals, Anthony J. Wzorek, (Argued), Assistant United States Attorney, Frank A. Labor, III, Assistant United States Attorney, Office of the United States Attorney, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Joel I. Fishbein, Esquire, (Argued), Gail Z. Weilheimer, Esquire, Frank, Rosen, Snyder & Moss, Elkins Park, PA, Alan L. Frank, Esq., Alan L. FrankLaw Associates, Elkins Park, PA, for Appellee.