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Thursday, August 31, 2006

New standard for reckless disregard of truth of law enforcement information

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On August 24, 2006, the Third Circuit announced the standard by which the district courts should determine whether a government agent acted ...

Discovery of significance of evidence does not make it newly discovered

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In U.S. v. Cimera , No. 05-2360, the court considered a claim under the "newly discovered evidence" rule that it set out in U.S. v...

Aggravated felony - forgery sentence less than a year qualifies where loss exceeded $10,000

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Lawful permanent resident was convicted of forging a check in the amount of greater than $10,000 and sentenced to four months imprisonment. ...

Room to Challenge a Prior Order of Removal/Deportation

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On August 1, 2006, the Third Circuit reversed a reentry conviction, remanding with direction that the district court determine whether the a...
Wednesday, August 30, 2006

Broad discretion to investigate jury misconduct

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On August 21, 2006, the Third Circuit held that where there is substantial evidence of jury misconduct during jury deliberations, "incl...
Thursday, August 24, 2006

Third Circuit affirms above-guidelines sentence; alternative sentencing ground is harmless error

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The Third Circuit affirmed another above-guidelines sentence in an appeal contending that the plea was involuntary and the sentence unreason...
Wednesday, August 23, 2006

Third Circuit affirms above-range sentence but urges adherence to Hickman and Kikimura

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In United States v. King , No. 05-1728 (July 11, 2006), the Third Circuit affirmed as reasonable an above-guidelines sentence despite recogn...

Third Circuit holds sentencing court understood its authority to consider acceptance of responsibility under §3553(a)

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In United States v. Severino , No 05-3695 (3d Cir. July 11, 2006), the Third Circuit upheld a sentence within the applicable guidelines rang...
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 ...