In United States v. Henderson, ---F. 4th---, 2023 WL 5211335 (3d Cir. Aug. 15, 2023), the Third Circuit found that Pennsylvania robbery under 18 Pa. Cons. Stat. § 3701(a)(1)(ii) is a categorical "crime of violence" under the federal Sentencing Guidelines. The Court reiterated its earlier holding that the Pennsylvania robbery statute is divisible for purposes of the categorical approach. It then found that the version of the offense criminalized at § 3701(a)(1)(ii) counts as a "crime of violence" under the elements clause of U.S.S.G. § 4B1.2(a)(1) because it necessarily involves the threatened use of force against the person of another. The Court did not reach the alternative question of whether the offense also qualifies as a "crime of violence" under § 4B1.2(a)(1)'s enumerated offenses clause.
Case summaries of recently decided Third Circuit criminal law cases and other relevant updates provided by Federal Defenders and CJA Panel Attorneys.
Wednesday, August 16, 2023
Third Circuit Deems Pennsylvania Robbery Under 18 Pa. Cons. Stat. § 3701(a)(1)(ii) a "Crime of Violence" for Guidelines Purposes
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Third Circuit Finds Defendant Was Not Seized Where He Briefly Paused and Raised Hands Before Fleeing
In United States v. Amos , ---F. 4th---, 2023 WL 8636910 (3d Cir. Dec. 14, 2023), the Third Circuit affirmed a district court's denial o...
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Third Circuit Finds Defendant Was Not Seized Where He Briefly Paused and Raised Hands Before FleeingIn United States v. Amos , ---F. 4th---, 2023 WL 8636910 (3d Cir. Dec. 14, 2023), the Third Circuit affirmed a district court's denial o...
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District courts must speak clearly before striking with a big stick, the Court reiterates in United States v. Brown , No. 08-1221, vacating ...
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In United States v. Packer , 83 F.4th 193 (3d Cir. Sept. 26, 2023), https://www2.ca3.uscourts.gov/opinarch/222554p.pdf , the ...
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