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Friday, July 29, 2005

‘Use of a minor’ enhancement and footnote about Feeney Amendment

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In United States v. Pojilenko , No. 03-4446 (3d Cir. 7/27/05) , the Third Circuit determined that, in order to apply the ‘use of a minor’ en...
Tuesday, June 21, 2005

Rodriguez and Gov c.a.v. letters in Booker remand cases

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In a number of 3rd Cir. appeals pending likely remand for resentencing in light of Booker , the government over the last month has filed let...
Thursday, June 16, 2005

Alternative Sentences Constitute Harmless Error Under Booker

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In United States v. Jaheed Hill, No. 04-3904 (3d Cir. 6/14/05) , (click to open), the Third Circuit joined several sister circuits in hold...
Tuesday, May 17, 2005

Recent 3rd Cir decisions on Booker

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The 3rd Circuit has issued two decisions recently regarding US v. Booker , one relating to retroactivity for 2255 purposes, and the other r...
Saturday, April 30, 2005

3rd Cir Decision on Booker Remands

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In US v. Kevin Davis (No. 02-4521, 4/28/05), the 3rd Circuit has finally issued a published opinion articulating its position regarding rema...
Tuesday, April 26, 2005

New Booker Resources

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The Federal Defender Office for the Eastern District of Pennsylvania has two new resources available for litigating Booker sentencing issues...

3rd Cir withdraws King

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On April 19, 2005, the 3rd Circuit withdrew its unpublished decision in King, mentioned in the post below, and on April 25, 2005, the Court ...
Friday, April 15, 2005

Fascinating Footnote re Booker

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As noted on Prof. Berman's blog, the Third Circuit in a not-precedential opinion, US v. King (No. 03-4715, 4/14/05), has attached a fasc...
Thursday, April 14, 2005

3rd Cir Remands in light of Booker, even with appellate waiver

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In US v. Herman Foman, No. 04-2508 (Apr. 7, 2005) (not-precedential), the Circuit remanded for resentencing in accordance with United States...
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...