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Friday, July 21, 2006

Grier decision on burden of proof at sentencing vacated and rehearing en banc ordered

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As noted in an earlier blog posting, a panel of the 3rd Cir. in US v. Grier ruled on June 7th that the burden of proof on the government at...
Thursday, July 06, 2006

Arrest warrant permits entry into dwelling if police have probable cause to believe that defendant is residing at and present in the residence

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In United States v. Veal , No. 05-1612 (3d Cir. July 3, 2006) , the Third Circuit held that under Payton v. New York , 445 U.S. 573, 603 (19...
Wednesday, July 05, 2006

§ 4243 commitment orders after acquittal by reason of insanity appealable

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The Third Circuit, in United States v. Stewart , No. 05-2732 (3d Cir. July 3, 2006), joined a few sister circuits in holding that a commitme...
Friday, June 30, 2006

Third Circuit Blog

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Third Circuit Blog In US v. Christopher D. Jones, No. 05-3001 (June 28, 2006), the 3d Circuit reiterated the stringent record a district cou...
Monday, June 26, 2006

Car Stop Upheld as Based on Reasonable Suspicion

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In US v. Jervis Lavern Goodrich, No. 05-3071 (June 20, 2006) (click here) the 3rd Circuit upheld a car stop under Terry v. Ohio , finding t...
Friday, June 23, 2006

Rule 32(h) notice required for "departures" but not "variances"

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In US v. Vampire Nation (Banks), No. 05-1715 (June 20, 2006), the 3rd Circuit addressed a number of issues. First, the Court ruled that the...

"Interstate Commerce" Includes U.S. Territories

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In United States v. Polanco, (No. 06-1328, June 12, 2006 ), defendant was traveling on a commercial airline from the Dominican Republic to t...
Tuesday, June 20, 2006

3rd Cir rules 3553(f) - safety valve - still mandatory

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In US v. Ricardo McKoy, No. 05-2461 (June 19, 2006) (click here) the 3rd Cir addressed how courts in the post- Booker world should apply t...

No jurisdiction to expunge criminal records in absence of challenge to underlying conviction.

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In United States v. Rowlands , No. 05-3425 (3d Cir. June 9, 2006), the Third Circuit affirmed the district court’s dismissal of a petition f...

3rd Cir rejects challenge to constitutionally of Sentg Comm

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In US v. Edward Coleman (No. 05-1348 June 15, 2006) (click here to link) the 3rd Cir. rejected a challenge to the constitutionality of the ...
Tuesday, June 13, 2006

Third Circuit Rejects Beyond a Reasonable Doubt Standard in Judicial Factfinding of Sentencing Enhancements

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In United States v. Grier , No. 05-1698 (3d Cir. June 6, 2006), the Third Circuit held that facts relevant to the advisory guidelines do not...

Third Circuit holds investigatory stop was not supported by reasonable suspicion and vacates conviction

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In United States v. Brown , No. 05-1723 (3d Cir. May 22, 2006), the Third Circuit reversed the district court’s denial of Brown’s motion to ...

Third Circuit lacks jurisdiction over appeal challenging extent of reduced sentence under Rule 35(b)

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In United States v. McKnight , No. 05-1950 (3d Cir. May 19, 2006), the Third Circuit found that it lacked jurisdiction over an appeal challe...
Thursday, May 25, 2006

Judge Becker’s Last Criminal Law Opinions -- An Appreciation

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The Third Circuit Blog team invited attorney Peter Goldberger to submit a comment as "guest blogger," in remembrance of Senior Cir...
Friday, May 12, 2006

Involvement of an actual minor, as opposed to a government decoy, not a prerequisite to conviction under 18 U.S.C. § 2422(b), § 2423(b)

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In United States v. Tykarsky , No. 04-4092 (3d Cir. May 10, 2006), the Third Circuit determined that, where a government agent poses as a mi...
Tuesday, May 09, 2006

COA required to appeal denial of Rule 4(a)(6) motion in a § 2255 proceeding

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Huh? Simply put, the Third Circuit, in United States v. Rinaldi , No. 04-2260 (3d Cir. May 8, 2006) rejected a habeas petitioner’s "con...
Friday, May 05, 2006

Third Circuit rejects one variant of Booker-Ex Post Facto argument

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The Third Circuit has turned away the argument that the maximum sentence for pre- Booker criminal conduct is what the Sentencing Guidelines...
Thursday, May 04, 2006

When will knowledge of impeachment material in the possession of state authorities be imputed to the government for Brady purposes?

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In United States v. Risha , the Third Circuit revisits the issue of when the government will be charged with constructive possession of impe...
Friday, April 21, 2006

Interesting ruling on scope of attorney-client privilege

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Today, the Third Circuit, in In Re: Grand Jury Investigation , ruled on interesting issues regarding attorney-client privilege, the work-pro...
Wednesday, April 19, 2006

Supervised Release Condition Prohibiting Employment with Attorneys Upheld

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Today, the Third Circuit, in United States v. Smith , has upheld a condition of supervised release that prohibited the defendant from gainin...