United States Third Circuit

In a prosecution on charges related to a fraudulent business scheme, in which the defendant pled guilty and waived his appellate rights subject to several exceptions, including an exception for "the assertion of constitutional claims that the relevant case law holds cannot be waived," the sentence is vacated, where: 1) a statement by the district court during the plea colloquy expanded the defendant's appellate rights so that he did not waive his right to raise constitutional claims on appeal; and 2) the sentencing court committed plain error by using a later edition of the Guidelines Manual, in violation of the ex post facto clause of the constitution, and the error was prejudicial.

Appellate Information

• Decided 02/24/2012
• Published 02/24/2012

Judges

• Greenaway, Jr.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter Goldberger, Jason Bologna