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Friday, February 29, 2008

Armed bank robbery sentence remanded for application of incorrect enhancement in original sentence and failure to justify alternative sentence.

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United States v. Smalley, No. 06-4552 (3d Cir. Feb.29, 2008 ). At sentencing in this armed bank robbery case, the government and defense arg...
Wednesday, February 27, 2008

District court is powerless to grant the third point absent a § 3E1.1(b) motion by the Government, even where bad faith alleged.

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In United States v. Drennon, No. 06-3399 (3d Cir. February 20, 2008) , Drennon was charged with bank robbery and, prior to trial, challenged...
Monday, February 25, 2008

Third Circuit addresses applicability of new crack guidelines to cases on direct appeal

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In United States v. Wise , No. 06-4926, and United States v. Brown , No. 06-4928, (3d Cir. Feb. 12, 2008 ), a Third Circuit panel addressed...
Sunday, February 24, 2008

Gov did not breach plea agreement by withdrawing 5K motion

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In US v. Schwartz, No. 05-4978 (Jan 10, 1008) , the 3rd Circuit rejected Schwartz's claim that the government breached its plea agreemen...
Wednesday, February 20, 2008

Government Did Not Breach Agreement to Make No Recommendation as to Sentence in "Package Deal" Plea Bargain

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United States v. Neal Hall , No. 07-2373, (3d Cir. February 8, 2008), involves a "package deal plea bargain" in which the governm...
Thursday, February 07, 2008

Plea Agreement Waiver of Right to File “Any Appeal” Bars Appeal of Restitution Order

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At issue in United States v. Perez, No. 06-2036 , is whether an appeal of a restitution order is barred by an appellate waiver. The plea ag...

Pennsylvania’s Sex Offender Notification Statute must apply equally to in-state and out-of-state sex offenders

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In Doe v. Pennsylvania Bd. of Probation , No. 05-4200 (3d Cir. Jan. 23, 2008), a Court of Appeals panel, affirming the decision of District ...
Sunday, January 27, 2008

Condition of Supervised Release Requiring Reporting of All Contact with Police Violates Due Process

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In United States v. Maloney, No. 06-3745 (3d Cir. Jan. 17, 2008) , the Court of Appeals held that a condition of supervised release which re...

Court of Appeals Discusses Issues of Striking Juror with "Aggressive Attitude", the Confrontation Clause and Amount of Loss

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United States v. Jimenez, No. 05-4098 (3d Cir. Jan. 14, 2008) , involved convictions arising out of a multi-defendant, 47-count indictment c...
Saturday, January 05, 2008

Defendant Breached Plea Agreement in Seeking Departure for Overrepresentation and Downward Variance Based on Personal Characteristics

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In U.S. v. Williams , No. 05-4153, Dec. 31, 2007, the Circuit held that a defendant who sought departures for over-representation of crimina...
Wednesday, December 19, 2007

Third Circuit widens circuit split on guilt-assuming hypotheticals; reaffirms breadth of Rule 404(b) in fraud cases

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In affirming a mail fraud conviction, the Third Circuit has held in a 2-1 decision that guilt-assuming hypothetical questions may sometimes ...
Thursday, December 06, 2007

3d Circuit reverses probationary sentences in fraud case

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In United States v. Ali , (3d Cir. Nov. 27, 2007), the Third Circuit reversed probationary sentences in a fraud case, in which defendants Fa...
Wednesday, November 21, 2007

Admissibility of Co-conspirators Statements

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In United States v. Weaver, No. 04-3888 (3d Cir. November 7, 2007) , the Court of Appeals reversed the district court’s grant of the Defenda...
Wednesday, November 07, 2007

Jury Instructions in Religious Tax Protestors' Case Constructively Amended Indictment

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United States v. McKee , No. 05-3297 (Oct. 29, 2007), involved the prosecution of three members of the Reformed Israel of Yaweh ("RIY...
Tuesday, October 30, 2007

Rule of Lenity Applied to Definition of "Antique Firearm" in Unregistered Shotgun Case

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In United States v. Introcaso , __ F.3d __, 2007 WL 3104382 (filed October 25, 2007), the Court reversed the defendant’s conviction for poss...

Adverse Fourth Amendment Holdings -- Frisk Justified, "Plain Feel Doctrine" Applied

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In United States v. Yamba , __ F.3d __, 2007 WL 3054387 (filed October 22, 2007) , the Court issued two Fourth Amendment holdings adverse to...

Denial of Rehearing En Banc in United States v. Ricks

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The Third Circuit recently denied the petition for rehearing en banc in United States v. Marc Ricks , No. 05-4833 (denial filed October 22, ...
Friday, October 05, 2007

Rule 35(a)’s Time Limits on Correcting Sentencing Error Held to Be Jurisdictional

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The defendant in United States v. Higgs , No. 06-3738 (filed October 4, 2007) , was sentenced January 5, 2005, one week before the Supreme C...
Tuesday, October 02, 2007

Police Failed To Scrupulously Honor Defendant's Fifth Amendment Right/Defendant's Silence Inadmissible As Adoptive Admission

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In United States v. Lafferty , No. 06-1901 (3d Cir. September 28, 2007), the Third Circuit reversed the district court’s order denying Amy L...
Friday, September 28, 2007

District Court's Failure to Provide Notice of Above Advisory Guideline Sentence Does Not Constitute Due Process Violation

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In United States v. Ausburn , No. 06-2250 (3d Cir. September 10, 2007), the Third Circuit held that a district court’s failure to provide no...