United States Third Circuit

Sentence is vacated and remanded where the district court committed procedural error in enhancing the statutory sentence pursuant to U.S.S.G. section 2B1.1(b)(2), where only those who are actually harmed by the crime can be counted as victims under the statute. The District Court may still consider the severity of the crime, as sentencing guidelines are advisory and district judges must use their discretion to ensure that each sentence is commensurate with the crime.

Appellate Information

• Argued 10/01/2008
• Decided 02/04/2009
• Published 02/04/2009

Judges

• Before:  FISHER, CHAGARES and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Karen S. Gerlach, (Argued), Office of Federal Public Defender, Pittsburgh, PA, Attorney for Appellant.


• For Appellees:
  
• Robert L. Eberhardt, (Argued), Office of the United States Attorney, Pittsburgh, PA, Attorney for Appellee.