United States Third Circuit

A career offender sentence for drug and firearm related offenses is affirmed but on an alternate ground where: 1) resisting arrest under 18 Pa. C.S.A. section 5104 is a crime of violence as that term is used in U.S.S.G. section 4B1.1(a); 2) this provided the second predicate offense to defendant's designation as a career offender; and 3) the district court adequately considered the section 3553(a) sentencing factors.

Appellate Information

• Decided 01/14/2010
• Published 01/14/2010

Judges

• Before:  SLOVITER, AMBRO, and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas F. Burke, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Laurie Magid, Acting United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Maria M. Carrillo, Assistant United States Attorney, Philadelphia, PA, Attorneys for Appellee.