United States Third Circuit

Sentence for illegal reentry into the U.S. is reversed and remanded for resentencing where the district court committed plain error and exceeded its statutory authority when it ordered that defendant's period of supervised release be tolled during his period of exclusion from the U.S., and the error affected defendant's substantial rights and the fairness and integrity of the judicial proceedings.

Appellate Information

• Argued 03/24/2009
• Decided 05/29/2009
• Published 05/29/2009

Judges

• RENDELL, Circuit Judge., Before:  RENDELL, AMBRO and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Edson A. Bostic, Esq., Daniel I. Siegel, Esq., [Argued], Office of Federal Public Defender, Wilmington, DE, for Appellant.


• For Appellees:
  
• Christopher J. Burke, Esq., [Argued], Office of United States Attorney, Wilmington, DE, for Appellee.