United States Third Circuit

A Philippine national's sentence for the unauthorized possession and willful retention of two classified documents relating to the national defense of the U.S. is vacated and remanded where: 1) defendant was convicted of the willful retention of tangible information with the belief that it could be used to the injury of the United States or the advantage of a foreign nation; and 2) thus, his conviction could only be addressed under U.S.S.G. section 2M3.3, as opposed to section 2M3.2.

Appellate Information

• Decided 02/06/2009
• Published 02/06/2009

Judges

• Before:  BARRY, CHAGARES, Circuit Judges, and RESTANI, Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mark A. Berman, Esq., (Argued), Hartmann, Doherty, Rosa & Berman, Hackensack, NJ, for Appellant.


• For Appellees:
  
• Steven G. Sanders, Esq., (Argued), George S. Leone, Esq., Office of the United States Attorney, Newark, NJ, for Appellee.