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Tuesday, September 23, 2008

Third Circuit Affirms One Variance to Probation; Reverses Another

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Sentence Affirmed: In United States v. Howe, No. 07-1404 (3d Cir. Sept. 18, 2008), defendant was convicted of two counts of wire fraud. At...

District Court's errors in admitting hearsay statement as present sense impression and defendant’s un-Mirandized admissions were not harmless.

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Defendant Artega Green was convicted by a jury of one count of distribution of crack cocaine, in violation of 21 U.S.C. § 841. The evidence ...
Thursday, August 21, 2008

THIRD CIRCUIT FINDS 18 U.S.C. § 48 UNCONSTITUTIONAL.

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Robert J. Stevens was convicted of violating 18 U.S.C. § 48, a statute which prohibited the creation, possession or sale of depictions of an...
Wednesday, July 23, 2008

Court Rejects Habeas Petition Challenging Parole Commission’s Procedures

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[This case summarized by Ahmed Soliman, legal intern, Eastern District of Pennsylvania.] In Christopher Furnari v. U.S. Parole Commission , ...
Friday, July 18, 2008

Immigration judge abused discretion when motion for continuance was denied as a result of delay caused by Department of Homeland Security

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[This case summarized by Ahmed Soliman, legal intern, Federal & Community Defender for the Eastern District of Pennsylvania.] In United ...
Thursday, June 26, 2008

Government's Use of Defendant's Former Lawyer as Confidential Informant Not "Outrageous"

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In United States v. Hoffecker , No. 06-3190, (3d Cir. June 16, 2008), the Third Circuit issued a 103- page opinion primarily to address two ...

Unpaid Taxes Found to Be “Proceeds” of Mail Fraud

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In United States v. Yusef , No. 07-3308, (3d Cir. June 17, 2008), the Third Circuit considered a narrow issue: Whether unpaid taxes, which w...
Monday, June 16, 2008

Third Circuit Examines United States v. Gunter In Light of Supeme Court's Sentencing Jurisprudence

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In United States v. Gunter , No. 07-1291, (3d Cir. June 9, 2008), the Third Circuit discussed the impact of the Supreme Court's recent s...
Monday, June 09, 2008

Third Circuit clarifies appellate procedure and substantive sentencing rules (including an issue of first impression) in favor of defendants

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In United States v. Miller , No. 06-5187 (3d Cir. June 2, 2008), Miller had been found guilty at trial of receiving and possessing child po...

Customs and Border Protection Officer's Haboring Conviction Reversed While Bribery Conviction Upheld

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In United States v. Ozcelik , No. 06-4245 (3d Cir. May 27, 2008), the Court of Appeals decided, as a matter of first impression, what consti...
Wednesday, May 21, 2008

Possession charge effectively covered “mere presence” issue; Prosecutor asking why officers would risk careers was not improper vouching.

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U.S. v. Weatherly, No. 07-1019 , 2008 WL 850005, (3d Cir., Mar.31, 2008)(published May 13, 2008). Weatherly was charged with being a felon i...
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...