· 5/2/1991
In re Objections to Nomination Petitions & Candidacy of Lincoln
Citations
- 139 Pa. Commw. 413
- 590 A.2d 1335
- 1991 Pa. Commw. LEXIS 247
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a district court must first identify individuals for whom there is sufficient evidence of their existence and participation in the scheme
- explaining that the defendant must be compared against \all likely participants in the criminal scheme\
- finding legal error where the court excluded from its mitigating role analysis \leaders or organizers\ such as the recruiter
- describing three-step process district courts must follow to determine if a defendant is substantially less culpable than the average participant in the offense
- explaining the district court “made clear that it did not believe” the defendant’s story where it explicitly stated it “frankly” did not “buy” or “accept it”
- to assess role-reduction eligibility, the court must: (1) identify all participants in the defendant's crime; (2) calculate a \rough average\ level of culpability for all the participants, considering the § 3B1.2 factors; and (3
Source: CourtListener parenthetical corpus (CC0).
Judges: Barbieri, Colins, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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