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Showing posts from October, 2014

Circuit Court grants habeas petition, finding trial counsel provided ineffective assistance of counsel regarding the availability of safety valve reduction and noting that the District Court’s statements during the plea colloquy did not alleviate counsel’s error.

United States v. Bui, No. 11-3795, 2014 WL 5315061 (October 20, 2014)

Dung Bui was indicted on the following four drug counts: (1) conspiracy to manufacture more than 1,000 marijuana plants, in violation of 21 U.S.C. § 846; (2) manufacturing and aiding and abetting the manufacturing of more than 100 marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2; (3) using a house to manufacture and distribute marijuana, in violation of 21 U.S.C. § 856(a)(1); and (4) manufacturing and distributing marijuana "within 1,000 feet of the real property comprising Hampden Park, Reading, Pennsylvania, an athletic field owned and operated by the Reading School District," in violation of 21 U.S.C. § 860(a) and 18 U.S.C. § 2.

Bui pled guilty to counts one and four as part of a plea agreement because his counsel told him and his family that he was safety valve eligible and thus could get a reduced sentence. His counsel filed a §3553(f) motion for a sentence reduction, but l…

Good Faith Exception to Fourth Amendment Exclusionary Rule Applies to Pre-Jones GPS Surveillance

In United States v. Katzin, No. 12-2548, 2014 WL4851779 (3d Cir., Oct. 1, 2014), Defendants challenged the warrantless tracking by FBI agents via a GPS device. The agents installed the device onto Defendants’ van in December, 2010, after Defendants had been identified as suspects in a string of pharmacy burglaries. The GPS surveillance was conducted over the course of two days. Subsequently, the U.S. Supreme Court rendered its decision in United States v. Jones, 132 S.Ct. 945 (2012), in which the Court ruled that GPS installation and surveillance constituted a search that is subject to the warrant requirements of the Fourth Amendment. Citing Jones, the trial court in Katzin suppressed the evidence gathered via GPS. A panel of the Third Circuit affirmed the lower court’s ruling that a warrant was required in this instance. The panel also held that the good faith exception to the Fourth Amendment=s exclusionary rule did not apply, thereby upholding the district court’s suppression ord…