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U.S. v. JACOBS

No. 90-5339.

919 F.2d 10 (1990)

UNITED STATES of America, Appellant, v. Marjorie J. JACOBS.

United States Court of Appeals, Third Circuit.

Decided November 13, 1990.

Attorney(s) appearing for the Case

Wayne P. Samuelson (argued), Office of U.S. Atty., Lewisburg, Pa., for plaintiff/appellant.

James V. Wade (argued), Office of Federal Public Defender, Harrisburg, Pa., for defendant/appellee.

Before MANSMANN, COWEN and ALITO, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal requires us to decide whether a defendant is eligible for probation based on the offense classification in effect at the time she committed the offense or at the time she was sentenced. Specifically, we must decide whether 1 U.S.C. § 109 (1985), commonly referred to as the "saving statute," prevents an amendment of 18 U.S.C. § 3559(a) (1985 & Supp...

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