United States Third Circuit

Sentence for conspiracy to distribute, and to possess with intent to distribute, cocaine base is vacated and remanded where, when a district court fails to address a defendant's colorable argument for a lower sentence under 18 U.S.C. section 3553(a), and the defendant fails to object, the argument is nonetheless preserved for appeal under a standard requiring meaningful consideration of the 3553(a) factors.

Appellate Information

• Argued 02/05/2008
• Decided 09/04/2008
• Published 09/04/2008

Judges

• Before:  McKEE and AMBRO, Circuit Judges, and IRENAS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James V. Wade, Federal Public Defender, Fredrick W. Ulrich (Argued), Assistant Federal Public Defender, Office of the Federal Public Defender, Harrisburg, PA, for Appellant.


• For Appellees:
  
• Thomas A. Marino, United States Attorney, Eric Pfisterer, Assistant United States Attorney, Theodore B. Smith (Argued), Assistant United States Attorney, United States Attorney's Office, Middle District of Pennsylvania, Harrisburg, PA, for Appellee.