February 25, 2010
Third Circuit Remands Brown (Rite-Aid) Case for Resentencing
An opinion issued by the Third Circuit Court of Appeals here affirmed the convictions of an individual who worked for the Rite Aid Corporation, on convictions for "conspiracy to commit accounting fraud, filing false statements with the SEC, conspiracy to obstruct justice, obstruction of grand jury proceedings, obstruction of government agency proceedings, and witness tampering." Brown, age 76, received a sentence of ten years, but the sentencing was prior to Booker. The court stated, "[l]acking this clairvoyance the Court failed to explain, in the manner now required, how it considered the factors listed in section 3553(a) in imposing Brown’s sentence."
See also Shannon P. Duffy, Legal Intelligencer, law.com, 3rd Circuit Upholds Conviction of Former Rite Aid General Counsel
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