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United States v. Nancy Bucaro, Larry Lawrence, George Jose Turner, Andre Rashid Kirby and Monica Johnson. Appeal of Andre Kirby

Citation: 898 F.2d 368Docket: 89-3483

Court: Court of Appeals for the Third Circuit; April 11, 1990; Federal Appellate Court

Narrative Opinion Summary

The United States Court of Appeals for the Third Circuit considered the appeal of a defendant challenging the inclusion of his juvenile delinquency adjudications in his federal sentencing under the guidelines. The defendant, convicted on three felony counts related to drug distribution, argued that considering his juvenile record violated the constitutional prohibition against ex post facto laws and his due process rights. The court upheld the district court's decision, affirming the sentence of six years of incarceration and concurrent five-year supervised release. It concluded that the guidelines allowing the consideration of juvenile records did not violate the ex post facto clause, as they were in effect at the time of the federal offenses. Additionally, the court ruled that due process was not infringed upon, as the defendant had been notified that his juvenile record could influence sentencing after a felony conviction. The court further noted that Pennsylvania law permits the use of juvenile records in sentencing, providing a legal basis for the federal court's decision. Ultimately, the appeal was denied, and the sentence was affirmed, with the court emphasizing the alignment of the federal guidelines with established precedents and state law.

Legal Issues Addressed

Application of State Law in Federal Sentencing

Application: The court affirmed the use of Pennsylvania law in considering juvenile records for federal sentencing, aligning with state provisions allowing such consideration in dispositional proceedings.

Reasoning: Sentencing guidelines in Pennsylvania allow for harsher sentences for defendants with prior juvenile delinquency adjudications.

Consideration of Juvenile Delinquency in Sentencing

Application: The court held that juvenile delinquency records could be considered during federal sentencing under the guidelines, affirming the district court's inclusion of such records in determining Kirby's sentence.

Reasoning: The court held that the guidelines explicitly allow for the inclusion of juvenile delinquency records, rejecting Kirby's claims.

Due Process Rights in Sentencing

Application: The court found that Kirby's due process rights were not violated by considering juvenile adjudications in sentencing, as he had notice that these could be considered after a felony conviction.

Reasoning: He was provided notice that his juvenile record could be considered for sentencing after a felony conviction, satisfying due process requirements.

Ex Post Facto Clause and Sentencing

Application: Kirby's argument that the consideration of his juvenile record violated the ex post facto clause was dismissed, as the guidelines were in effect at the time of his federal offenses, and he was not being punished retroactively.

Reasoning: Kirby's ex post facto argument is unfounded, as established by relevant case law.