U.S. v. CIANSCEWSKI

No. 89-1160.

894 F.2d 74 (1990)

UNITED STATES of America, Appellee, v. Richard CIANSCEWSKI, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 18, 1990.


Attorney(s) appearing for the Case

Steven A. Morley (argued), Morley & Farber, Philadelphia, Pa., for appellant.

Michael M. Baylson, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Ann E. Campbell (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before BECKER, SCIRICA, and NYGAARD, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents several questions arising out of the new federal sentencing guidelines, the most important of which involves the applicability of the criminal livelihood guideline in effect before November 1, 1989 to someone with a high percentage, but low amount, of income that is illicit. We conclude that the guideline is inapplicable to defendants whose yearly profit from crime is less than 2000 times the...

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