Federal Defender Third Circuit Blog

Case summaries of recently decided Third Circuit criminal law cases and other relevant updates provided by Federal Defenders and CJA Panel Attorneys.

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Wednesday, March 23, 2005

3rd Cir Issues More Booker remands

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In two not-precedential cases, the 3rd Cir has continued its policy of remanding for resentencing under Booker where the district court, in...

3rd Cir rejects challenge to BOP good time calculation

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The 3rd Cir., in O'Donald v. Johns, (No. 04-2990, 3/22/05) , rejected a habeas challenge to the way the Bureau of Prisons calculates the...
Monday, March 21, 2005

3rd Cir upholds DNA collection as condition of SR

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In US v. Sczubelek, (3/21/05, No. 03-2173) the 3rd Cir., following other circuits, upheld the constitutionality under the Fourth Amendment ...
Monday, March 14, 2005

3rd Cir Continues Remands Under Booker

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Continuing its broad approach to remands for resentencing in light of Booker , the 3rd Circuit in yet another not-precedential opinion, rema...
Thursday, March 03, 2005

3rd Cir rejects Brady claim

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In US v. Leonardo A. Pelullo, No. 02-2710 (3d Cir. 2/25/05), the Circuit reversed a district court's finding of a Brady violation conce...
Wednesday, March 02, 2005

More 3rd Cir Booker remands

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The Third Circuit is continuing to take a broad approach to remanding cases for resentencing under Booker, without the need for any express...
Thursday, February 24, 2005

3d Cir rejects Booker challenge to prior convictions

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In U.S. v. Ordaz , 2005 WL 418533 (3d Cir. Feb. 23, 2005), the Third Circuit put an end to Blakely/Booker challenges regarding prior convic...
Friday, February 18, 2005

Summaries of Post-Booker decisions

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Fran Pratt, a Research and Writing Attorney in the Federal Public Defender Office in Alexandria, Virginia, has compiled a very useful summar...
Thursday, February 17, 2005

3rd Cir issues orders regarding Booker letters

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The 3rd Circuit has begun sending out orders in cases pending on direct appeal that direct counsel who wish to raise a Booker challenge to ...
Monday, February 14, 2005

3rd Cir's first pub'd decision on Booker

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In US v. Kevin Davis (available here ) the 3rd Cir has finally issued a published opinion addressing, albeit very briefly, the issue of rema...
Friday, February 11, 2005

Unpub'd 3rd Cir decision remanding under Booker

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As Professor Berman notes on his up-to-the-minute sentencing blog, http://sentencing.typepad.com/, the Third Circuit has finally issued an o...
Thursday, February 10, 2005

3rd Cir Ruling on Booker expected soon

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We have been hearing persistent rumors that the 3rd Circuit will be issuing a broad ruling "soon" on Booker addressing which cases...
Tuesday, January 11, 2005

Exceptional Good Works of a Personal Nature Equal Downward Departure

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In United States v. Cooper , 2005 WL 17968 (3d Cir. 1/5/05), the Third Circuit held that "good works," i.e., charitable contributi...
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