With four judges dissenting, the Third Circuit today denied en banc rehearing in United States v. Erwin, one of its most controversial decisions of 2014. Rendell, Ambro, Greenaway, and Vanaskie would have granted en banc rehearing. Erwin held that defendants who violate their plea deals can be resentenced without the deal.

I’ve posted about Erwin here, here, and here. The panel opinion is here.

An ignominious ending to 2014.