Wednesday, May 03, 2017
United States v. Jose Angel Rodriguez, No. 16-3232, 2017 WL 1526279 (3d Cir. Apr. 28, 2017), as amended (May 1, 2017).
Rodriguez appealed denial of a motion sentence reduction under 18 U.S.C. § 3582(c)(2). In response, the government challenged the Court’s jurisdiction to consider whether a 3582(c)(2) motion was substantively unreasonable. The Court concluded that it has jurisdiction under 28 U.S.C. § 1291.
Although Rodriguez was eligible for a reduced sentence, the district court denied his motion for sentence reduction under § 3582(c)(2), based on his “unyielding and escalating pattern of drug-related and violent behavior.” Rodriguez appealed, arguing that his unmodified sentence was substantively unreasonable. The government countered that the Circuit lacked jurisdiction over his claim that of substantive unreasonableness.
The Court found first that it has jurisdiction over the district court's order under 28 U.S.C. § 1291, which provides “jurisdiction of appeals from all final decisions of the district courts.” 28 U.S.C. § 1291. The court next turned to determine whether 18 U.S.C. § 3742, a narrower sentencing jurisdiction statute, limits the Court’s jurisdiction. Section 3742(a) provides that a defendant may appeal “an otherwise final sentence” under enumerated circumstances; one being if the sentence was “imposed in violation of law.” While § 1291 jurisdiction may be limited in some cases by § 3742, that was not the case here as an unreasonable sentence is “imposed in violation of law” under 18 U.S.C. § 3742(a)(1). (citing cases).
The Court rejected the government’s reliance on the Court’s lack of jurisdiction to review discretionary denials of a downward departures. “As to a downward departure, Sections 3742(a) and (b) reflect Congress's intent to foreclose review of a sentencing court's decision not to depart under the relevant Guidelines. (citation omitted). But in enacting § 3742, Congress could not have foreseen the Guidelines becoming advisory.
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...
924(e)’s definition of “serious drug offense” (ACCA) encompasses attempt, and the attempt and accomplice provisions of Pennsylvania’s possession with intent to distribute statute, 35 Pa. Stat. Ann § 780-113(a)(30), are co-extensive with federal law for purposes of the categorical approachIn United States v. Daniels , Appeal No. 17-3503 (Feb. 7, 2019), https://www2.ca3.uscourts.gov/opinarch/173503p.pdf , the Third Circuit af...