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Wednesday, April 19, 2006

Ineffective assistance and the applicability of AEDPA

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In Rolan v. Vaughn , the Third Circuit addressed numerous issues relating to habeas relief. The petitioner in Rolan had petitioned the PA st...
Friday, March 24, 2006

Reasonableness of sentence

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In US v. Giaquinto (# 05-2212, 3/23/06), the Court applies its recent opinion in US v. Cooper, 437 F.3d 324 (3d Cir. 2006), in upholding a ...

Bank Fraud

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In US v. Leahy (#03-4490) (panel decision) the 3rd Cir. provides the panel decision deciding the issues not addressed in the Court's en...
Tuesday, March 14, 2006

Court defines scope of U.S.S.G. §2B1.1(b)(9)(C)(i) - unlawfully using a means of identification to produce another means of identification

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In United States v. Newsome , Appeal No. 04-3292 (3d Cir. 3/9/06), the Third Circuit defined the scope of the U.S.S.G. §2B1.1(b)(9)(C)(i) - ...
Tuesday, March 07, 2006

Customs Inspector Not Required to Give Miranda Warning to Man Suspected of Alien Smuggling

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In United States v. Kiam , No. 5-1384 (3d Cir. Jan 3, 2006) , the Third Circuit affirmed the district court's denial of a motion to supp...
Monday, February 27, 2006

3d Cir rejects Speedy Trial challenge

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The Third Circuit recently addressed a number of issues in United States v. Willaman , No. 05-1336 (3d Cir. Feb. 17, 2006) . Willaman appeal...
Wednesday, February 15, 2006

3rd Cir., en banc, holds Booker inapplicable to forfeiture/restitution

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The Third Circuit, in a very fractured en banc decision in United States v. Leahy , (3d Cir. Feb. 15, 2005) , has ruled that Booker does no...
Tuesday, February 14, 2006

Third Circuit rules on Booker reasonableness review, jurisdiction, etc.

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In United States v. Cooper , (3d Cir. Feb. 14, 2006) , the Third Circuit has touched on a number of sentencing issues affecting the federal ...
Monday, February 06, 2006

Third Circuit Reverses District Court’s Order Granting § 2254 Petition for Habeas Corpus

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In Satterfield v. Johnson, No. 04-3108 (3d Cir. Jan. 17, 2006) , the Third Circuit held that a petition for post-conviction relief that was ...
Monday, January 30, 2006

Third Circuit Affirms Mail Fraud Conspiracy Conviction in TOEFL Case

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In United States v. Al-Ame, No. 04-3769 (3d Cir. Jan. 17, 2006) , the Third Circuit affirmed defendant’s conviction of conspiracy to commit ...
Friday, January 13, 2006

Blakely-ized Indictment and Sentencing Interrogatories Given Thumbs Up By Circuit

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In United States v. Hedgepeth , No. 04-4564 (3d Cir. January 12, 2006), the Third Circuit bestowed its approval upon a Blakely -ized indictm...
Tuesday, January 03, 2006

Felon in Possession Not a Crime of Violence under Bail Reform Act

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In United States v. Bowers , No. 05-4908 (3d Cir. Dec. 27, 2005), the Third Circuit has announced that felon in possession of a firearm, 18 ...
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Evidentiary hearing ordered in 2255 proceedings alleging ineffective plea advice

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Rounding out 2005, the Third Circuit has ruled that a district court abused its discretion by dismissing, without an evidentiary hearing, a ...
Friday, December 23, 2005

Third Circuit Finds Government Made Prima Facie Case That Crime-Fraud Exception To Attorney-Client Privilege Applied, Reverses Order Quashing Subpoena

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In United States v. John Doe , 429 F.3d 450 (3d Cir. 2005), the Third Circuit reversed the district court’s order granting an attorney’s mot...
Monday, December 19, 2005

Third Circuit Offers Split Decision on Miranda Challenge Involving a Confidential Informant

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In United States v. Jacobs , No. 04-2214 (3d Cir. Dec. 14, 2005) , the Third Circuit considered whether statements made on two separate occa...

BOP Regulations Categorically Limiting Amount of Time Inmate May be Placed in CCC Declared Invalid

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The Third Circuit has ruled that newly enacted Bureau of Prisons (BOP) regulations categorically limiting the amount of time an inmate may b...
Friday, December 02, 2005

Cert petition filed in Sczubelek case

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Earlier this year, the Third Circuit upheld the constitutionality of the DNA Backlog Elimination Act. The aforementioned DNA Act allows for...

Appeal waiver in guilty plea upheld on appeal of unsuccessful motion to withdraw plea

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The Third Circuit, in US v. Wilson , upheld an appeal waiver in a guilty plea agreement, where the defendant had filed an unsuccessful motio...

Government, by not considering downward departure, breached plea agreement

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The Third Circuit, in US v. Floyd , held that the government, under a plea agreement, was required to consider whether defendant’s assistanc...

2254 exhaustion requirement not excused when claim likely futile in state courts

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In Parker v. Kelchner , the Third Circuit ruled that the 28 U.S.C. § 2254(b)(1)(A) exhaustion requirement is not excused merely because peti...