Tuesday, June 28, 2016
In U.S. v. Nerius, 15-3688, 2016 WL 3003781 (3d Cir. May 25, 2016), Nerius was sentenced to a bottom-of-the-range 37 months as a career offender following conviction for impeding correctional employees and damaging property within prison. On Johnson remand, Nerius was resentenced to 36 months, the top of the non-career offender range. The Third Circuit rejected Nerius’s claim that the new sentence triggered a presumption of judicial vindictiveness and violated due process under North Carolina v. Pearce, 395 U.S. 711 (1969), because the Pearce presumption does not apply when the new sentence is less than that originally imposed. The Court found the fact that the two sentences fell in different -in this case opposite- relative positions within the original and revised Guideline ranges to be irrelevant.
Absent the presumption, an appellant must demonstrate “proof of actual vindictiveness” to support a claim of judicial vindictiveness. Nerius did not raise a claim of actual vindictiveness.
Court of Appeals joins eight other Circuit Courts in finding legal innocence to be a valid basis for motion to withdraw guilty plea. But in doing so, affirms denial of motion because there was no credible evidence presented of innocence. Assertions alone are insufficient.
In United States v. James, No. 18-2569 (June 27, 2019), the Court of Appeals, through an opinion by Judge Jordan, affirmed the denial of de...
Excludable time for competency determination under STA does not automatically include delay for transportation beyond ten days; delay in transport found unreasonable and therefore not excludable.On January 28, 2014, Williams was charged by information with federal and VI firearms offenses. Prior to arraignment, Williams's counse...
Failure to postpone sentencing contravened the principles underlying the right to allocution, codified in Fed.R. Crim. P. 32(i)(4)(A)In United States v. Chapman, Appeal No. 17-1656 (Feb. 7, 2019), https://www2.ca3.uscourts.gov/opinarch/171656p.pdf , the Third Circuit vac...