Legal Opinion · Dissent

United States v. Grober

Court of Appeals for the Third Circuit

Decided October 26, 2010No. 09-1318, 09-2120Published

1DissentHardiman, Circuit Judge

I join my colleagues in recognizing the diligence and seriousness of purpose shown by the District Court in sentencing David Grober. I join them also in recognizing that the District Court “erred in some respects.” Maj. Op. at 601. Because I am convinced that the procedural errors committed by the District Court are material, however, I must respectfully dissent.1

I

After pleading guilty to six federal crimes, Grober’s statutory imprisonment range was 60-240 months. His base offense level was 22 and his criminal history category was I, yielding an initial imprisonment range of 41-51 months…

2Cases cited23 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Brady v. United StatesSupreme Court of the United States · 1970
  4. Santobello v. New YorkSupreme Court of the United States · 1971
  5. Kimbrough v. United StatesSupreme Court of the United States · 2007

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