Legal Opinion
United States v. John F. Tabaka, Jr., Mary R. Tabaka Phillip S. Lucchese, and Gerald C. Munsch, Phillip S. Lucchese
Court of Appeals for the Third Circuit
Decided December 28, 1992No. 91-3882PublishedCited by 21 opinions
1Opinion of the Court
WEIS, Circuit Judge.
In this appeal from a sentence, we conclude that an offense that occurs after the conduct that is the basis of an indictment must be considered in calculating the defendant’s criminal history. However, when a previous sentence for an unrelated offense is “suspended,” the court must only consider the time served before suspension when determining the appropriate level of enhancement. Because the district court did not limit its calculation to the non-suspended portion of the previous sentence, we will remand for resentencing.
The defendant pleaded guilty to one count of…
2Cases cited16 opinions
- United States v. BassSupreme Court of the United States · 1971
- Bifulco v. United StatesSupreme Court of the United States · 1980
- United States v. Ombey MobleyCourt of Appeals for the Third Circuit · 1992
- Commonwealth v. KristonSupreme Court of Pennsylvania · 1991
- United States v. James Edwin WallingCourt of Appeals for the Tenth Circuit · 1991
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Hernandez-HernandezCourt of Appeals for the Ninth Circuit · 2005
- United States v. Misael Hernandez-HernandezCourt of Appeals for the Ninth Circuit · 2004
- United States v. Ronald HarrisCourt of Appeals for the Sixth Circuit · 2001
- United States v. Marlon Dewayne DixonCourt of Appeals for the Fourth Circuit · 2000
- United States v. Willie J. Burke, Jr.Court of Appeals for the Eleventh Circuit · 2017
16 more not listed; retrieve them via the Exa API.