U.S. v. TABAKA

No. 91-3882.

982 F.2d 100 (1992)

UNITED STATES of America, Appellee, v. John F. TABAKA, Jr., Mary R. Tabaka; Phillip S. Lucchese, and Gerald C. Munsch, Phillip S. Lucchese, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 28, 1992.


Attorney(s) appearing for the Case

Elliot J. Segel, Erie, PA, for appellant.

Thomas W. Corbett, Jr., U.S. Atty., Paul J. Brysh, Bonnie R. Schlueter, Asst. U.S. Attys., Pittsburgh, PA, for appellee.

Before: SCIRICA, ALITO, and WEIS, Circuit Judges.


Submitted Pursuant to Third Circuit Rule 12(6) December 3, 1992.

WEIS, Circuit Judge.

In this appeal from a sentence, we conclude that an offense that occurs after the conduct that is the basis of an indictment must be considered in calculating the defendant's criminal history. However, when a previous sentence for an unrelated offense is "suspended," the court must only consider the time served before suspension when determining the appropriate level of enhancement...

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