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U.S. v. BRITO

No. 19-3239.

979 F.3d 185 (2020)

UNITED STATES of America v. Francisco Nicholas BRITO a/k/a Nicholas Brito a/k/a Jose, Appellant

United States Court of Appeals, Third Circuit.

Filed: September 21, 2020.

Attorney(s) appearing for the Case

Alison Brill [ARGUED], Office of Federal Public Defender, 22 South Clinton Avenue, Station Plaza #4, 4th Floor, Trenton, NJ 08609. Lisa M. Mack , Office of Federal Public Defender, 1002 Broad Street, Newark, NJ 07102, Counsel for Appellant.

Mark E. Coyne , John F. Romano [ARGUED], Office of the United States Attorney, 970 Broad Street, Room 700, Newark, NJ 07102, Counsel for Appellee.

Before: McKEE, BIBAS, and FUENTES, Circuit Judges

OPINION OF THE COURT

Every defendant deserves a fair shake at sentencing. Francisco Brito, a felon, claims that he changed his ways once his daughter was born. But in restating his criminal history, the sentencing judge erroneously implied that his criminal career continued after she was born. That honest factual...

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