United States Third Circuit

District court's imposition of a 15-month term of imprisonment on each count of bank robbery and attempted robbery to be served concurrently is vacated and remanded for resentencing as the district court, believing it was acting in defendant's best interests because of his need of medical care, violated section 3582(a) in imposing a sentence of incarceration at the top of the Guidelines range.

Appellate Information

• Argued 10/28/2009
• Decided 12/02/2009
• Published 12/02/2009

Judges

• Before:  SMITH, FISHER and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lisa B. Freeland, Federal Public Defender, Karen S. Gerlach (Argued), Assistant Federal Public Defender, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Mary Beth Buchanan, United States Attorney, Robert L. Eberhardt (Argued), Assistant U.S. Attorney, Pittsburgh, PA, for Appellee.