United States Third Circuit

A sentence for bank robbery is vacated and remanded for resentencing where: 1) the district court erred in applying a four-level enhancement for "otherwise us[ing]" a dangerous weapon during the course of a bank robbery, as opposed to a three-level enhancement for "brandish[ing] or possess[ing]" a dangerous weapon; and 2) the error was not harmless despite the district court's attempt to amend its judgment after the sentencing hearing to indicate that it would have given the same sentence if it had applied the three-level enhancement.

Appellate Information

• Argued 12/13/2007
• Decided 02/29/2008
• Published 02/29/2008

Judges

• Before:  RENDELL, GREENBERG, and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Richard Coughlin, Esq., Lori M. Koch, Esq. (Argued), Office of Federal Public Defender, Camden, NJ, for Appellant.


• For Appellees:
  
• George S. Leone, Esq., Office of United States Attorney, Newark, NJ, Glenn J. Moramarco, Esq. (Argued), Office of United States Attorney, Camden, NJ, for Appellee.