In a pair of en banc arguments on Wednesday, the 3rd U.S. Circuit Court of Appeals will tackle questions that could have a broad impact on how appellate courts review criminal sentences and on the scope of the federal courts’ powers in granting relief in habeas corpus petitions.
In United States v. Tomko, a 13-judge panel must decide whether a sentence of probation and house arrest was “reasonable” for a confessed tax cheat. A previous panel voted 2-1 in August 2007 to overturn the sentence, saying the case clearly called for at least some time in prison.
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