[DOWNLOAD] "United States v. Zwick" by Third Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Zwick
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 15, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Argued: July 15, 1999 OPINION OF THE COURT In this appeal, we are asked to construe 18 U.S.C.§ 666, a criminal provision entitled ""Theft or bribery concerning programs receiving Federal funds"" (""the Act"" or ""the statute""). Appellant James J. Zwick claims that the District Court misinterpreted the statute when it upheld his three- count conviction for bribery under § 666(a)(1)(B) without proof of a connection between the offense conduct and federal funds or programming. We conclude that the District Court erred in interpreting the statute in this respect and will therefore remand for further proceedings consistent with this opinion. Zwick also challenges the District Court's failure to reduce his offense level by an additional point for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(b). Because we find that the District Court erred in its application of this Guideline provision, we will vacate this aspect of the sentencing order and direct the District Court on remand to award the additional one-point reduction if it determines that Zwick timely provided complete information to the government or timely notified the government of his intent to plead guilty to enable the government and court to conserve their resources.1 I.