USA v. Gregory Turbe
Split Score
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Case Summary
Disposition
Affirmed
The Third Circuit held that the district court did not violate Gregory Turbe’s due-process rights by mentioning—but not relying on—his prior arrests when imposing a within-Guidelines sentence for marijuana distribution. The panel rejected Turbe’s procedural and substantive challenges and therefore affirmed the sentence.
Circuit Split Identified
Legal Issue
Whether Federal Rule of Criminal Procedure 32(d)(2) categorically requires inclusion of arrests that did not lead to convictions in a presentence report (PSR).
Circuit Positions
Rule 32(d)(2) requires the PSR to include arrests not leading to conviction.
Rule 32(d)(2) does not categorically require inclusion of such arrests; inclusion is discretionary.
Third Circuit declines to resolve the issue and takes no definitive stance in this opinion.
Conflict Summary
Several circuits interpret Rule 32(d)(2) as mandating that a PSR list all prior arrests even when they did not result in convictions, whereas the Ninth Circuit has read the Rule to give district courts discretion, and the Third Circuit in this opinion declines to decide the issue.