United States Third Circuit

In appeal of conviction and sentence for one count of making material false statements following jury trial and one count of conspiracy to commit extortion entered pursuant to plea agreement following hung jury on remaining counts, judgment is vacated and remanded where: 1) the appellate waiver in the plea agreement encompasses both defendant's challenge to the sufficiency of the evidence and his claim that the district court lacked authority to deny the government's motion for a one level decrease in his offense level; however, 2) application of the waiver against the sufficiency-of-the-evidence argument would, in the unusual circumstances of this case, work a miscarriage of justice; and therefore, 3) conviction and 18-month sentence for making a false statement to federal agents is vacated, and the sentence for conspiracy to commit extortion is vacated and remanded solely for resentence of that conviction.

Appellate Information

• Decided 01/08/2013
• Published 01/08/2013

Judges

• JORDAN

Court

• United States Third Circuit

Counsel