On Tuesday, the Third Circuit Court of Appeals upheld the conviction of former Rite Aid general counsel, Franklin Brown, on charges of fraud and obstruction of justice. The court also denied his motion for a new trial. However, the three-judge panel did rule that Brown is entitled to a new sentencing hearing, The Legal Intelligencer reports.
Brown, now 82 years of age, has served nearly half of his 10 year prison sentence. According to The Legal Intelligencer, the order for a new sentencing hearing is automatic because Brown was sentenced during a window of time when the Supreme Court had cast doubt on the constitutionality of the federal sentencing guidelines.