United States Third Circuit

Sentence for convictions for one count of conspiracy, 18 U.S.C. section 371, four counts of wire fraud, 18 U.S.C. sections 1343, 1346, and 2, and one counts of program fraud, 18 U.S.C. sections 666(a)(1)(B) and 2, is vacated and remanded for resentencing where the District Court erred in imposing a general sentence of 151 months' imprisonment on counts One through Six, because under the Sentencing Guidelines, a district court must impose a sentence on each count. Here, although the 151-month term of imprisonment was within the statutory maximum for Counts Two through Five, it exceeded the statutory maximum for Counts One and Six, and due to the general nature of the sentence, it cannot be determined whether the sentence was legal as to each count.

Appellate Information

• Decided 06/05/2012
• Published 06/05/2012

Judges

• FISHER

Court

• United States Third Circuit

Counsel