Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in

by Sam Rutherford

The U.S. Court of Appeals for the Third Circuit reversed a sentence imposed by the U.S. District Court for the Eastern District of Pennsylvania because the district judge erroneously concluded he could not consider evidence offered by the defendant in support of a downward variance under 18 …