U.S. v. Tomko, No. 05-4997 (3rd Cir.) (562 F.3d 558) (April 17, 2009) (Judge D. Brooks Smith)
Here the en banc Court held, by an 8-5 vote, that a sentence of probation for a wealthy defendant convicted of tax fraud was not unreasonable despite complaints from the dissenting judges that the sentence would promote disrespect for the law.
The issue before the en banc Third Circuit in …
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