US v. Chapman–criminal–reversal–Restrepo

In a calmly scalding opinion, the Third Circuit today vacated a criminal sentence and remanded for resentencing by a different district judge because the sentencing judge refused to postpone sentencing despite knowing that the defendant’s lawyer had failed to notify the man beforehand of his sentencing hearing, which deprived the man of the chance to offer witnesses and letters seeking sentencing leniency.

When an opinion chooses to quote the district judge’s “pique” and “irritation,” when it says “it is plain the District Court erred” and it “unfairly” deprived the defendant’s rights, when it describes a position the sentencing judge rejected as “manifestly reasonable,” when it states that “the District Court improperly compromised the appearance of fairness” and describes this “appearance of unfairness” as “especially stark,” and when it orders resentencing by a different judge, I’d say the court is sending a stern message.

I’d guess that the court is aware that the district judge in question has been mentioned (here, for example) as a potential nominee to fill Judge Vanaskie’s seat, and also that a 2017 non-precedential CA3 opinion also was critical of a ruling by same district judge. If those guesses are right, today’s opinion is all the more remarkable.

Joining Restrepo was McKee; Vanaskie had been the third judge on the panel prior to his retirement. Arguing counsel were Candace Cain of the WDPA defender for the defendant and George Rocktashel of the MDPA AUSAs for the government.

US v. Daniels–criminal–affirmance–Cowen

The Third Circuit today affirmed a defendant’s career-offender sentence, holding that attempted drug dealing qualifies as a serious drug offense under the ACCA and that “the scope of attempt and accomplice liablity under Pennsylvania law is coextensive with the meaning of those terms under federal law.”

Joining Cowen were Krause and Fuentes. The case was decided without oral argument.