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Two Big Sentencing Wins - Summaries - More Later

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

This just in: The Third Circuit issued two favorable sentencing decisions yesterday. Both require more detailed blogging (which will happen over the weekend), but, to get started . . .Peter Goldberger provides this summary of United States v. Olhovsky, __ F.3d __, 2009 WL 1014482 (3d Cir. Apr. 16, 2009): Defendant's appeal of 6 yr CP sentence, way below GL. Dft very young, physically and mentally damaged; very sympathetic. No govt cross-appeal. Fantastic win by FPD-NJ. Held: (a) dist ct erred in refusing to authorize subpoena for treating psych assigned by Pretrial Services as condition of bail, who volunteered to testify for the defendant if subpoenaed. Pretrial told him he would lose his contract if he testified voluntarily. Judge wouldn't issue because "you can't subpoena an expert...continue to full post

Full post as published by Third Circuit Blog on April 17, 2009 (boomark / email).