U.S. v. WINEBARGER

No. 11-1905.

664 F.3d 388 (2011)

UNITED STATES of America, Appellant v. Thomas David WINEBARGER.

United States Court of Appeals, Third Circuit.

Opinion Filed: December 23, 2011.


Attorney(s) appearing for the Case

Stephen R. Cerutti, II, Esq. [Argued], Office of United States Attorney, Harrisburg, PA, Todd K. Hinkley, Esq. , Office of United States Attorney, Scranton, PA, for Appellant.

Robert A. Hoffa, Esq. [Argued], Campana, Lovecchio & Morrone, Williamsport, PA, for Appellee.

Before: RENDELL, AMBRO and NYGAARD, Circuit Judges.


OPINION OF THE COURT

RENDELL, Circuit Judge.

In this appeal, we are asked to determine what factors a district court may consider when sentencing a defendant below a statutory minimum term of imprisonment in order to take his assistance to the government into account pursuant to 18 U.S.C. § 3553(e). We hold that a district court cannot use factors unrelated to a defendant's substantial assistance to the government in order to reduce a sentence below...

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