James Rosen

U.S. Court of Appeals for the Third Circuit circuit Deceased · served 1971–1972 Appointed by Richard Nixon (Republican) 1 signed orders read

Judge Rosen no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Rosen decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Defers to a trial judge's within-range sentencing judgment absent illegality or abuse of discretion.

“It is settled that a federal appellate tribunal will not review a judgment of sentence that is within the statutory maximum unless there be a showing of illegality or abuse of discretion.”

Procedural preferences

Treats sentencing as primarily the trial judge's responsibility after consideration of the presentence record and mitigation.

“Sentencing is primarily the responsibility of a trial judge.”

Cautions

Distinguishes remanding for a requested hearing from appellate reduction of a lawful sentence.

“This court did not reduce the sentence or instruct the trial court to reduce the sentence.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Fessler
· 1972-01-06
Appeal (criminal-defendant-appellant) Denied

“The order of the District Court denying defendant’s motion for reduction of sentence is affirmed.”

A historical record

Judge Rosen no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.