U.S. v. HOWE

No. 07-1404.

543 F.3d 128 (2008)

UNITED STATES of America, Appellant v. Malcolm G. HOWE.

United States Court of Appeals, Third Circuit.

Filed: September 18, 2008.


Attorney(s) appearing for the Case

Christopher J. Burke (Argued), David L. Hall, Office of United States Attorney, Wilmington, DE, for Appellant.

Kathleen M. Jennings (Argued), William J. Rhodunda, Jr., Karen V. Sullivan, Wolf-Block, Wilmington, DE, for Appellee.

Before: FISHER and JORDAN, Circuit Judges, and YOHN, District Judge.


OPINION OF THE COURT

FISHER, Circuit Judge.

In this appeal we review the sentence imposed on a defendant who was convicted of two counts of wire fraud. The sentence consisted of two years' probation (including three months' home confinement), despite an advisory Sentencing Guidelines range of 18 to 24 months' imprisonment. The District Court imposed no fine and no forfeiture (other than the special assessment of $200). The Government appeals from the District...

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