United States Third Circuit

Former Chief Legal Counsel for Rite Aid's conviction and sentence for conspiracy to commit accounting fraud, filing false statements with the SEC, and other related crimes, is affirmed in part, reversed in part and remanded where: 1) district court did not abuse its discretion in denying defendant's Rule 33 motion based on newly discovered evidence; 2) defendant's pre-trial suppression motion of the taped conversations was properly denied; 3) district court did not abuse its discretion in its reaction to defendant's plea agreement; and 4) defendant's sentence is vacated and remanded as the district court failed to explain, in the manner now required under Booker, how it considered the section 3553(a) factors in imposing the sentence.

Appellate Information

• Argued 12/16/2009
• Decided 02/23/2010
• Published 02/23/2010

Judges

• Before SLOVITER, JORDAN, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Nathan Dershowitz (argued), Amy Adelson, Dershowitz, Eiger & Adelson, New York, NY, Peter Goldberger (argued), Pamela A. Wilk, Ardmore, PA, for Appellant.


• For Appellees:
  
• Martin C. Carlson, United States Attorney, Kim Douglas Daniel (argued), Assistant United States Attorney, Harrisburg, PA, for Appellee.