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Monday, May 12, 2008

"Related" within the meaning of U.S.S.G. §4A1.2(a)(2) (pre-Nov. 1, 2007) requires either formal consolidation order or close factual relationship

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In United States v. Wood , No. 06-3812 (3d Cir. May 1, 2008), the Third Circuit considered whether the defendant's prior burglary and co...
Wednesday, May 07, 2008

3d Circuit affirms life sentence and holds that § 848(b) sets forth sentencing factors, not a separate crime.

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In United States v. Tidwell , No. 02-3139 (3d Cir. Mar. 31, 2008), the Third Circuit held that Congress intended 21 U.S.C. § 848(b) as a sen...
Thursday, April 10, 2008

In the absence of standardized impoundment procedure, officer may reasonably impound vehicle

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United States v. Smith , No. 06-3112 (3d Cir. April 9, 2008) Lancaster police arrested the driver and passenger of a car stopped in an area ...

Third Circuit lacks jurisdiction to hear defendant's appeal that speedy trial motion should've been dismissed with prejudice.

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United States v. Martin Kuper , No. 07-1916 (3d Cir. April 7, 2008) Before the district court, the defendant filed a motion to dismiss his i...
Tuesday, April 01, 2008

“Identity theft” sentencing enhancement does not apply to altering addresses on clients’ financial statements

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Update: On April 22, 2008, the Court filed the amended opinion. It appears to be substantially the same as the original. Update: On Apri...
Wednesday, March 12, 2008

Government’s failure to establish element of offense results in reversal.

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In United States v, Ambrose Daniel, No. 07-2413 (3rd Cir. March 6, 2008) , the defendant Ambrose Daniel was convicted of unlawful possession...
Tuesday, March 04, 2008

Juvenile adjudication of "discontinuance" not a "sentence" under 4A1.2. Improper Guidelines calculation not harmless error.

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United States v. Langford, No. 06-2774 (3d Cir. February 22, 2008) - Langford entered a guilty plea to bank robbery, armed bank robbery, an...
Monday, March 03, 2008

Third Circuit reverses for insufficiency in gun possession case - no evidence of constructive possession or aiding and abetting

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United States v. Cunningham, No. 06-3899 (3d Cir. February 21, 2008) - After a jury trial, Cunningham was convicted of three counts - 1) di...
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...