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Third Circuit Affirms One Variance to Probation; Reverses Another

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

Sentence Affirmed: In United States v. Howe, No. 07-1404 (3d Cir. Sept. 18, 2008), defendant was convicted of two counts of wire fraud. At sentencing, the district court granted a variance from the recommended Sentencing Guidelines range of 18 to 24 months? imprisonment and sentenced him to two years? probation (including three months? home confinement). In imposing sentence the district court stated that such a sentence best served the considerations of § 3553(a) and articulated numerous reasons: (1) Howe ?led an honorable and lawful life until this point? and had no prior criminal history; (2) Howe ?served in the U.S. Military for 20 years?; (3) Howe was a ?well-regarded member of [his] community?; (4) Howe ?regularly attend[s] church?; (5) Howe was a ?devoted husband, father, and son?; (6) Howe made but an ?isolated mistake? in committing his crime; and (7) Howe was remorseful at sentencing...continue to full post

Full post as published by Third Circuit Blog on September 23, 2008 (boomark / email).