Legal Opinion · Dissent
United States v. Albert Tupone
Court of Appeals for the Third Circuit
Decided March 28, 2006No. 04-2832PublishedCited by 64 opinions
1DissentStapleton, Circuit Judge
OPINION OF THE COURT
SMITH, Circuit Judge.
Albert Tupone appeals his felony conviction for making false representations in connection with the receipt of federal workers’ compensation benefits, a violation of 18 U.S.C. § 1920. Although Tupone and the Government agree that this case should be remanded for resentencing under the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), a conclusion with which we agree, we must decide two remaining issues. The first is whether the District Court erred in instructing the jury on the threshold dollar…
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3Cited by64 opinions
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