United States Third Circuit

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US v. Begin, 11-3896

In a conviction of a defendant for charges related to his use of the internet and a cellular phone to send sexual messages and photographs to a minor in order to persuade her to have sex with him, district court's imposition of a 240 months' imprisonment, representing a 30-month upward departure from the top of his advisory Sentencing Guidelines range, is vacated and remanded where: 1) defendant's state-federal disparity argument has colorable legal merit under section 3553(a)(6); and 2) the district court failed to make a sufficient record to demonstrate its consideration of that argument.

Appellate Information

  • Decided 10/09/2012
  • Published 10/09/2012

Judges

  • Fuentes

Court

  • United States Third Circuit

Counsel

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