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Christopher Erwin, OD is a doctor of optometry who treats patients of all ages at Avon Lake Family Health Center. He specializes in contact lenses, diabetic eye exams, and FAA eye exams.
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- (216) 444-2020
- 450 Avon Belden Road, Avon Lake, 44012, OH
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CHAGARES, Circuit Judge. This case presents the novel question of what remedy is available to the Government when a criminal defendant who knowingly and voluntarily executed a waiver of right to appeal—and received valuable promises from the Government in return—violates his plea agreement by filing an appeal. Christopher Erwin pleaded guilty to co...
From approximately January 2009 through December 2010, Erwin managed a large-scale oxycodone distribution ring (the “Erwin Organization”) that operated throughout the State of New Jersey and elsewhere. The Erwin Organization's modus operandi was to obtain medically unnecessary prescriptions for oxycodone from licensed physicians Hassan Lahham and J...
The District Court had jurisdiction over the prosecution of this criminal action pursuant to 18 U.S.C. § 3231. We have jurisdiction over Erwin's appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). Because the Government has invoked the appellate waiver in Erwin's plea agreement, however, we will “decline to review the merits of [his] appea...
In circumstances where a defendant's arguments on appeal are based on a valid appellate waiver, our ordinary procedure is to enforce the waiver by dismissing the defendant's appeal, thereby affirming the defendant's sentence. E.g., United States v. Stabile, 633 F.3d 219, 248(3d Cir.2011). But the Government argues that merely dismissing Erwin's app...
“[P]lea agreements, although arising in the criminal context, are analyzed under contract law standards.” United States v. Castro, 704 F.3d 125, 135 (3d Cir.2013) (quotation marks omitted). We have long exercised de novo review over the question of whether a Government breach has occurred. United States v. Warren, 642 F.3d 182, 187 n. 6 (3d Cir.201...
“[A] classic rule of contract law[ ] is that a party should be prevented from benefitting from its own breach.” Assaf v. Trinity Med. Ctr., 696 F.3d 681, 686 (7th Cir.2012); see also United States v. Bernard, 373 F.3d 339, 345 (3d Cir.2004) (contract law prohibits a defendant from “get[ting] the benefits of [his] plea bargain, while evading the cos...
Unlike in Williams, where the Government appealed the judgment of sentence, the Government neither appealed nor cross-appealed in this case. We are therefore confronted by, and heard oral argument on, a question of first impression: whether the possibility of de novo resentencing is barred by application of the cross-appeal rule, which provides tha...
“[B]oth the government and the defendant must fulfill promises made to achieve a plea agreement.” United States v. Forney, 9 F.3d 1492, 1500 n. 2 (11th Cir.1993). Yet, “[i]n what has become a common sequence, a defendant who waived his appellate rights as part of a plea bargain, and received a substantial benefit in exchange, has failed to keep his...
For the foregoing reasons, we will vacate Erwin's judgment of sentence and remand to the District Court for resentencing before a different judge.
A federal court opinion on a plea agreement breach by Christopher Erwin, who appealed his sentence within the Guidelines range. The court held that Erwin violated the agreement and that the Government was excused from its obligation to seek a downward departure.
CHRISTOPHER ERWIN. Petitioner, V. UNITED STATES OF AMERICAN, Respondent. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. PETITIONER’S APPLICATION FOR EXTENSION OF TIME TO FILE PETITION FOR A WRIT OF CERTIORARI. Joseph Z. Amsel, Esq. .
Location Thornton Hall 906 1600 Holloway Avenue San Francisco, CA 94132
Sep 13, 2015 · Christopher Erwin shares his memories and feelings as his twin brother Jon's best man at his wedding. He recounts their childhood, adolescence, and adulthood, and how they have grown together as individuals and as a team.
- Christopher Erwin
Christopher Erwin is a research fellow and lecturer at Auckland University of Technology in New Zealand. He holds a Ph.D. in Economics and specializes in labor economics and the economics of education.
Jul 18, 2022 · A case opinion from 2022 involving a securities fraud conviction and a challenge to the jury instructions. The defendant, Christopher Erwin, argued that the instructions were inadequate and prejudicial, but the court affirmed the conviction.
