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Friday, December 15, 2023

Third Circuit Finds Defendant Was Not Seized Where He Briefly Paused and Raised Hands Before Fleeing

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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...
Wednesday, December 13, 2023

Third Circuit Deems Armed Bank Robbery a "Crime of Violence" Under 18 U.S.C. § 924(c)

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In United States v. Jordan , ---F. 4th---, 2023 WL 8590446 (3d Cir. Dec. 12, 2023), the Third Circuit deemed armed bank robbery, in violatio...

Third Circuit Upholds Sentencing Commission's Definition of "Serious Bodily Injury" in Commentary to Aggravated Assault Guideline

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In United States v. Caraballo , ---F. 4th---, 2023 WL 850448 (3d Cir. Dec. 8, 2023), the Third Circuit upheld the Sentencing Commission'...

Third Circuit Dismisses Claim of Legal Innocence Under Jones v. Hendrix

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In Voneida v. Johnson , ---F. 4th---, 2023 WL 8462455 (3d Cir. Dec. 7, 2023), the Third Circuit dismissed a postconviction claim of legal in...
Tuesday, December 12, 2023

Third Circuit Holds That Brief Criminal History Check Did Not Unconstitutionally Prolong Traffic Stop

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In United States v. Hunter , ---F. 4th---, 2023 WL 8405894 (3d Cir. Dec. 5, 2023), the Third Circuit held that a two-minute criminal history...

Third Circuit Holds That Murder in Furtherance of a Continuing Criminal Enterprise Is Not a "Covered Offense" Eligible for Resentencing Under Section 404(b) of the First Step Act

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In United States v. Junius , 86 F.4th 1027 (3d Cir. 2023), the Third Circuit joined the Second, Fourth, and Sixth Circuits to hold that murd...

Third Circuit Holds the Supreme Court's Decision in Concepcion v. United States Did Not Overrule Its Decision in United States v. Andrews

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In United States v. Stewart , 86 F.4th 532, the Third Circuit considered whether the Supreme Court's decision in Concepcion v. United St...
Friday, December 08, 2023

False contract certifications on otherwise quality work defrauded the Dept. of Transportation of its "property"; loss calculation remand

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In United States v. Kousisis , 82 F.4th 230 (3d Cir. Sept. 22, 2023), pdf of opinion , the Third Circuit upheld wire-fraud convictions under...
Friday, October 27, 2023

The District Court's indication of the sentence it would impose before the defendant allocuted was not reversible plain error.

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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 ...
Thursday, September 21, 2023

Third Circuit grants habeas relief because defense counsel was ineffective in failing to object to judge threatening perjury charge to witness who changed his testimony

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  In Rogers v. Superintendent Greene SCI , --- F.4th ----, 2023 WL 5763346 (3d Cir. Sept. 7, 2023), available here , the Third Circuit rever...
Tuesday, August 29, 2023

Third Circuit Finds Reasonable Expectation of Privacy Where Defendant Had Lawful Possession of Keys to Girlfriend's Rental Car

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In United States v. Montalvo-Flores , ---F. 4th---, 2023 WL 5521062 (3d Cir. Aug. 28, 2023), the Third Circuit found the defendant, Christop...

Third Circuit Clarifies Meaning of "Officer or Employee of the United States" in Federal Assault Statute

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In United States v. Washington , ---F. 4th---, 2023 WL 5440527 (Aug. 24, 2023), the Third Circuit clarified the meaning of "officer or ...