United States Third Circuit

District court's decision to exercise its discretion to grant defendant a downward departure under USSG section 4A1.3 as to his criminal history category, but not with respect to his offense level, is affirmed as the district court properly applied the Guidelines when it held that it could not depart downward in offense level under section 4A1.3 on the basis of defendant's overstated criminal history. Furthermore, the district court adequately considered defendant's argument for a downward variance and the 37-month term of incarceration was substantively reasonable.

Appellate Information

• Argued 03/05/2009
• Decided 10/26/2009
• Published 10/26/2009

Judges

• Before:  SLOVITER and HARDIMAN, Circuit Judges and POLLAK District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Edward J. Rymsza, III [Argued], Miele & Rymsza, Williamsport, PA, for Appellant.


• For Appellees:
  
• William A. Behe [Argued] Office of United States Attorney, Harrisburg, PA, for Appellee.