United States Third Circuit

Defendant's sentence to 37 months' imprisonment for violating his supervised release after he pled guilty to two separate offenses in state court, credit card fraud and sexual assault, is affirmed, where: 1) the district court did not err in determining that the sexual assault offense was a "crime of violence;" 2) even where no crime is actually charged, a district court may consider a defendant's actual conduct in concluding that he has violated the terms of his supervised release through the commission of a subsequent offense; and 3) the district court should have set out defendant's specific crime of violence but because it provided an alternate basis for defendant's sentence, any error was harmless.

Appellate Information

• Decided 09/13/2013
• Published 09/13/2013

Judges

• AMBRO

Court

• United States Third Circuit

Counsel