United States v. Tomko

Amicus curiae brief of the National Association of Criminal Defense Lawyer and Federal Public and Community Defenders of the Third Circuit in support of appellee on rehearing en banc.

Brief filed: 10/01/2008


United States v. Tomko

3rd Circuit Court of Appeals; Case No. 05-4997

Prior Decision

On reh’g 498 F.3d 157


District court’s sentence of probation, home confinement and alcohol treatment was appropriate in this tax evasion case. The brief addresses in detail the failure of the Sentencing Commission to comply with statutory mandates relative to probation, as applied in particular to tax and other white collar cases, concluding that under the Supreme Court's recent decisions in Gall and Kimbrough judges should be especially free to reject the guidelines' excessive reliance on imprisonment and instead to grant a great deal more probationary sentences than has been the case in the last 20 years. 

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Numerous authors.