United States Third Circuit

Sentences for armed robbery are reversed and remanded where the district court relied on unsupported speculation regarding Defendants' bare arrest records. A bare arrest record alone does not justify an assumption that a defendant has committed other crimes and it therefore cannot support increasing a sentence in the absence of adequate proof of criminal activity.

Appellate Information

• Decided 01/06/2009
• Published 01/06/2009

Judges

• McKEE, Circuit Judge., Before:  McKEE, RENDELL and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Brett G. Sweitzer, Esq., Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, Attorney for Defendant-Appellant Terrell Berry., John F. Renner, Esq., Marlton, NJ, Attorney for Defendant-Appellant Shawn Mack., Michelle T. Rotella, Esq., Robert A. Zauzmer, Esq., Office of United States Attorney, Philadelphia, PA, Attorneys for Plaintiff-Appellee.