US v. Hoffa, No. 08-3920
District court's imposition of a 15-month term of imprisonment on each count of bank robbery and attempted robbery to be served concurrently is vacated and remanded for resentencing as the district court, believing it was acting in defendant's best interests because of his need of medical care, violated section 3582(a) in imposing a sentence of incarceration at the top of the Guidelines range.
On Appeal from the United States District Court for the Western District of Pennsylvania
Opinion Filed December 2, 2009
Before: Smith, Fisher and Stapleton, Circuit Judges
Opinion by Circuit Judge Stapleton
For Appellant: Lisa B. Freeland, Federal Public Defender, Karen S. Gerlach, Assistant Federal Public Defender
For Appellee: Mary Beth Buchanan, United States Attorney, Robert L. Eberhardt, Assistant US Attorney
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