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Tuesday, June 05, 2007

Habeas Corpus: Plain Error Review When Party Fails to Object to Magistrate’s R & R

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In Nara v. Frank , No. 05-4779 (3d Cir. May 8, 2007), the Third Circuit held that “where a party fails to file timely objections to a magist...
Wednesday, May 30, 2007

Change in Law Makes Defendant Innocent of Two Charges; Federal Courts Tell Pennsylvania to Devise a Solution Other Than Rescission of Plea Agreement

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In McKeever v. Warden SCI-Graterford , No. 05-2492, (3d Cir. May 10, 2007), the Third Circuit (“3C”) held that the District Court did not er...

Third Circuit Unpersuaded That a Need to Pay Restitution to Microsoft Justifies a Variance From the Sentencing Guidelines

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In United States v. Kononchuk , No. 06-2484, (3d Cir. May 8, 2007), the Third Circuit vacated the defendant’s sentence and remanded for rese...
Friday, May 18, 2007

Sentence Reversed for Ex Post Facto Violation Citing Pre-Booker Precedent

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In United States v. Shaheed Wood , No. 06-1372 (3d Cir. May 17, 2007), the Court of Appeals, using the plain error standard and citing only ...
Sunday, May 06, 2007

Section 2254 - Constitutional Claims Not Exhausted by Direct Appeal in State Court

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In Ellison v. Rogers , No. 04-2314 , the Third Circuit held that a §2254 petitioner’s allegations of ineffective assistance should have bee...
Monday, April 30, 2007

Court Vacates Shedrick Opinion; Grants Panel Rehearing Sua Sponte

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In a April 26, 2007, Order , the Third Circuit vacated its February 28, 2007, precedential opinion in United States v. Shedrick , 478 F.3d 5...

Third Circuit Retains Jurisdiction Even Where Defendant Signs Waiver of Right to Appeal

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In United States v. Gwinnett , Case No. 06-1766 (3d Cir. April 26, 2007) , the Third Circuit held that it "retains subject matter juris...
Thursday, April 26, 2007

Feigned Mental Illness is Proper Basis for Sentencing Enhancement for Obstruction of Justice

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In United States v. Batista , Case No. 05-2949 (3d Cir. April 25, 2007) , the district court applied the two-level enhancement of U.S.S.G. §...

3C Rules On Document Sealing And Attorney Speech Rule

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In US v. Wecht (decided April 12, 2007), the Third Circuit addressed three applications arising during the prosecution of the Allegheny Cou...
Friday, April 20, 2007

Crawford does not prevent introduction of hearsay evidence at sentencing

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In United States v. Robinson , Appeal No. 05-5330 (3d Cir. 3/5/07, published 4/16/07), the Third Circuit fell in line with every other Circu...
Monday, April 09, 2007

120-month bank robbery sentence held reasonable for ailing defendant

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The Third Circuit has upheld as reasonable a 120-month sentence in a bank robbery case in which the defendant has suffered from AIDS since t...
Wednesday, April 04, 2007

Third Circuit rejects challenge to shoeprint expert testimony, affirms application of CO provision and 460-month sentence for bank robbery

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In United States v. Ford , No. 05-4998 (3d Cir. Mar. 29, 2007), the Third Circuit rejected a challenge to the admission of testimony of the ...
Friday, March 30, 2007

United States v. Vargas - Fast-Track Disparity Case - Denied Rehearing

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The Third Circuit has denied rehearing in United States v. Vargas , where the Court rejected an appeal raising error for the district court’...
Tuesday, March 20, 2007

Court affirms conviction for attempted support of terrorists, rejecting claims of entrapment, outrageous government conduct, and juror misconduct

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In United States v. Lakhani , No. 05-4276 (3d Cir. Mar. 16, 2007) , the Third Circuit affirmed the defendant’s conviction and 47-year senten...

Court clarifies earlier opinion: "We have never held that an arrest that is unlawful under state law is unreasonable per se under the 4th A."

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In United States v. Laville , No. 06-1577 (3d Cir. Mar. 16, 2007) , the Third Circuit—in a decision authored by Judge Barry, with a concurre...

Court finds information alleging prior felony properly filed and served

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In United States v. Rivas , No. 05-3380, (3d Cir. Mar. 12, 2007) , the Third Circuit affirmed the defendant’s conviction for conspiring to d...
Monday, March 12, 2007

Child Support Recovery Act does not Exceed Congressional Power Under Commerce Clause

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In United States v. Kukafka, No. 05-1955 (3d Cir. Mar. 6, 2007), defendant was found guilty of two counts of failure to make child support p...

Maximum 60-month Sentence on Revocation of Supervised Release Reasonable

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In United States v. Bungar, No. 05-5519 (3d Cir. Mar. 5, 2007), the Third Circuit found reasonable a 60-month sentence upon revocation of su...
Friday, March 02, 2007

Court finds it has jurisdiction to hear § 2255 petition despite waiver of right to mount collateral attack

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In United States v. Shedrick , No. 04-2329 (3d Cir. Feb. 28, 2007) , the Third Circuit found that it had jurisdiction to hear an appeal from...
Sunday, February 25, 2007

Guidelines enhancement for bartering drugs for gun

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In US v. Charles Navarro , No. 05-4102 (3d Cir. 2/14/06) (click to link) the 3rd Circuit upheld a 4-level enhancement under USSG section 2K...