United States v. Cannistraro - United States Court of Appeals for the Third Circuit

United States v. Cannistraro

By United States Court of Appeals for the Third Circuit

  • Release Date: 1989-01-25
  • Book Genre: Law
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United States v. Cannistraro by United States Court of Appeals for the Third Circuit

Opinion OF THE COURT MANSMANN, Circuit Judge. In this securities fraud case we are presented with a novel issue: whether Local Rule 35C.l of the District Court of New Jersey, which - in the event of a conviction and imposition of fines - acts as a lien on any cash deposited for bail until the government can levy a writ of execution on the money, violates the eighth amendment as excessive bail. In addition, the defendant challenges the amount of restitution he must pay, the length of his sentence as being disproportionate to those of others convicted of the same or similar crimes, and the district court's sentencing procedure pursuant to Fed. R. Crim. P. 32(c). We affirm the district court's denial of the return of bail monies but vacate the sentence and remand to the district court for a determination of whether the lengths of sentence of other defendants for similar crimes may have been improperly considered.

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