U.S. v. ZABIELSKI

No. 11-3288.

711 F.3d 381 (2013)

UNITED STATES of America v. Mark ZABIELSKI, Appellant.

United States Court of Appeals, Third Circuit.

Filed: April 3, 2013.


Attorney(s) appearing for the Case

Laura S. Irwin , [Argued], Rebecca R. Haywood , Barbara K. Swartz , Office of United States Attorney, Pittsburgh, PA, for Appellee.

Renee Pietropaolo , [Argued], Linda E.J. Cohn , Pittsburgh, PA, for Appellant.

Before: HARDIMAN, GREENAWAY, JR. and VANASKIE, Circuit Judges.


OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the Supreme Court held that the United States Sentencing Guidelines could not constitutionally be applied as diktats. Rather than scrap the Guidelines entirely, the Court left them intact as advisory and trial judges may vary from them, within reason, after applying the relevant provisions of...

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