U.S. v. GASKELL

No. 97-4216.

134 F.3d 1039 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Diane M. GASKELL, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 2, 1998.


Attorney(s) appearing for the Case

Thomas F. Almon, Miami, FL, for Defendant-Appellant.

Dawn Bowen, Philip DiRosa and Harriett Galvin, Assts. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before DUBINA and BARKETT, Circuit Judges, and HILL, Senior Circuit Judge.


DUBINA, Circuit Judge:

This sentencing appeal presents the question of whether a federal judge in a case governed by the Assimilated Crimes Act ("ACA"), 18 U.S.C. §§ 13 and 7, is permitted to sentence a defendant to a longer term of probation than state law would permit. Although this and other circuits have decided analogous issues under the ACA, no circuit court has ruled on this exact question. We hold that federal judges sentencing under the ACA may...

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