United States Third Circuit

A sentence for bank robbery is affirmed where the record in this case did not support a finding that the government's refusal to file a U.S.S.G. section 3E1.1(b) motion was attributable to an unconstitutional motive, and thus the district court properly concluded that it had no power to grant the requested adjustment.

Appellate Information

• Decided 02/20/2008
• Published 02/20/2008

Judges

• Before:  RENDELL and STAPLETON, Circuit Judges, and IRENAS, District Judge .

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert Epstein, Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, Attorney for Appellant.


• For Appellees:
  
• Mary E. Crawley, Office of the United States Attorney, Philadelphia, PA, Attorney for Appellee.