Legal Opinion

United States v. Harry Joseph Himler, AKA Michael D. Zorn, AKA Michael P. Zunr, Harry Joseph Himler

Court of Appeals for the Third Circuit

Decided January 23, 2004No. 03-1387PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

Defendant Harry Joseph Himler (“Him-ler”), who fraudulently bought a condominium in Greensburg, Pennsylvania by tendering false checks in the amount of $195,000 in violation of 18 U.S.C. § 513(a), pled guilty to the offense. After the sentencing hearing, the District Court, without notice to the parties, departed upward, imposing a 36 month sentence when the applicable United ■ States Sentencing Guidelines (“U.S.S.G.”) range was 24 to 30 months. See U.S.S.G. Ch. 5 Pt. A. In calculating this sentence, the District Court found that Himler intended tó…

2Cases cited13 opinions

  1. Burns v. United StatesSupreme Court of the United States · 1991
  2. United States v. Robert Tequan Nappi, A/K/A Quan Nappi, A/K/A Keith Wade, Robert Tequan NappiCourt of Appeals for the Third Circuit · 2001
  3. United States v. Arthur MaurelloCourt of Appeals for the Third Circuit · 1996
  4. United States v. Martin GeeversCourt of Appeals for the Third Circuit · 2000
  5. United States v. SimmondsCourt of Appeals for the Third Circuit · 2000

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. United States v. JimenezCourt of Appeals for the Third Circuit · 2008
  2. United States v. Leo F. Schweitzer, IIICourt of Appeals for the Third Circuit · 2006
  3. United States v. AndrewsCourt of Appeals for the Fifth Circuit · 2004
  4. United States v. Benjamin RobersCourt of Appeals for the Seventh Circuit · 2012
  5. United States v. Darryl Arlene GrantCourt of Appeals for the Eleventh Circuit · 2005

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API