United States Third Circuit

Sentence of probation for wire fraud and filing a false income tax return is vacated where: 1) there was clear error in a determination that defendant's conduct had not resulted in financial harm to the public; and 2) the downward variance from the guidelines sentence was not accompanied by an adequate explanation.

Appellate Information

• Argued 06/04/2008
• Decided 09/18/2008
• Published 09/18/2008

Judges

• Before:  FISHER, JORDAN, and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Colm F. Connolly, Ilana H. Eisenstein [ARGUED], Office of United States Attorney, Wilmington, DE, for Appellant.


• For Appellees:
  
• Edmund D. Lyons, Jr. [ARGUED], The Lyons Law Group, Wilmington, DE, for Appellee.