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U.S. v. HIMLER

No. 03-1387.

355 F.3d 735 (2004)

UNITED STATES of America v. Harry Joseph HIMLER, aka Michael D. Zorn, aka Michael P. Zunr, Harry Joseph Himler, Appellant.

United States Court of Appeals, Third Circuit.

Filed January 23, 2004.

Attorney(s) appearing for the Case

Shelly Stark, Karen S. Gerlach, Federal Public Defender, Marketa Sims (Argued), Assistant Federal Public Defender, Pittsburgh, PA, for Appellant.

Mary Beth Buchanan, United States Attorney, Paul M. Thompson (Argued), Bonnie R. Schlueter, Assistant United States Attorney, Pittsburgh, PA, for Appellee.

Before: ALITO, FUENTES, and BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Defendant Harry Joseph Himler ("Himler"), who fraudulently bought a condominium in Greensburg, Pennsylvania by tendering false checks in the amount of $195,000 in violation of 18 U.S.C. § 513(a), pled guilty to the offense. After the sentencing hearing, the District Court, without notice to the parties, departed upward, imposing a 36 month sentence when the applicable United States Sentencing Guidelines (...

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