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Wednesday, December 13, 2006

Supervised Release - Consecutive sentences allowed upon revocation

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In US v. Joseph Dees, No 05-4949 (Nov. 8, 2006), the Circuit joined with six other circuits in ruling that under 18 usc sect 3584(a), a dist...

Third Circuit finds unlimited "but for" theory of restitution calculation erroneous; reiterates admissibility of custom & practice testimony

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On December 12, 2006, the Third Circuit ruled in United States v. Fallon , Case No. 03-4184, that awarding restitution owed under the Mandat...

Another guideline sentence affirmed, more specific reasons for sentence not required

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On November 28, 2006, the Third Circuit issued another precedential decision affirming a within-guideline sentence. In United States v. Llo...
Tuesday, December 12, 2006

3d Cir emphasized adherence to Gunter in finding sentence reasonable

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The Third Circuit in United States v. Charles , No. 05-5326, emphasized reliance on the three-step sentencing procedure articulated in Unite...
Friday, December 08, 2006

Letter classification of offense under § 3559(a) does not require reference to guidelines

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The Third Circuit in United States v. Lovett , No. 05-4171 (3d Cir. Nov. 6, 2006), rejected the contention that under § 3559(a), the "m...
Monday, December 04, 2006

Mummert Survives Booker, but Sentences Require Minimal Explanation

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The Third Circuit has carried its rule requiring remand of ambiguous departure rulings forward into the post-Booker world. The doctrine, or...
Friday, October 20, 2006

18 U.S.C. § 922(a)(3) conviction does NOT constitute "aggravated felony" for removal purposes

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In Joseph v. Attorney General , Nos. 05-1047, 05-2889 (3d Cir. Oct. 2, 2006) , the Third Circuit ruled that a conviction under 18 U.S.C. § 9...

Sentences for Class B and C misdemeanors must be reviewed under pre-Guidelines standard applicable to those offenses

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Grand jury target Jelanie Solomon was convicted of criminal contempt for failing to provide handwriting exemplars ordered by the district co...
Monday, October 02, 2006

Troubling credibility ruling and Harris still good law

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In U.S. v. Williams, No. 04-4268 (9/27/06), the defendant was on trial on drug conspiracy and weapons charges. The government’s central witn...

Win one and lose one in capital cases in Delaware

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In a pair of Delaware capital habeas appeals, on September 28, 2006, the panel of Judges Rendell, Ambro and Fuentes addressed the death pena...
Friday, September 22, 2006

Third Circuit Blog

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Third Circuit Blog SEARCH WARRANT VALID DESPITE FACTUAL INACCURACIES IN CHILD PORNOGRAPHY CASE. In USA v. Shields, 458 F.3d 269 (No.05-3662,...

Third Circuit Blog

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Third Circuit Blog COURT UPHOLDS PROHIBITION ON PROPENSITY EVIDENCE IN REVERSE 404(B) CASES. In USA v. Williams, 458 F.3d 312 (No.05-3772, A...
Tuesday, September 19, 2006

Third Circuit Blog

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Third Circuit Blog Special Skill Enhancement Reversed. In USA v. De La Cruz, No.05-5554 (Aug.18, 2006), the Circuit reversed a 2-level enhan...

Third Circuit Blog

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Third Circuit Blog In USA v. Abrogar, No. 06-1215 (Aug. 18, 2006), appellant's sentence for failing to an keep accurate oil record book ...
Tuesday, September 12, 2006

3d Cir allows consideration of crack/powder disparity

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In what is certainly the best circuit decision on the issue, as well as the one most faithful to Booker , the 3rd Cir ruled in US v. Johnny ...
Friday, September 01, 2006

Third Circuit finds reversible error in exclusion of expert testimony regarding reliability of eyewitness identification

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In United States v. Brownlee , Case No. 04-4134 (3d Cir. July 18, 2006), the defendant was convicted of carjacking, use of a firearm in rela...

Third Circuit affirms post-Booker sentence modeled on pre-Booker sentence of defendant's co-conspirator

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The Third Circuit affirmed a sentence that the District Court modeled on the sentence of the defendant's co-conspirator, which was issue...
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. ...