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Wednesday, October 21, 2009

Third is First of Circuits to Address Constitutionality of AEPA: Denies First Amendment Challenges

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In a case of first impression nationally, the Third Circuit in United States v. Fullmer, et al ., No. 06-4211 , upheld the Animal Enterprise...
Tuesday, October 13, 2009

Defendant properly prosecuted and sentenced under federal chemical weapons statute after strategically employing toxic chemicals with intent to harm

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Defendant Carol Anne Bond, a trained microbiologist, attempted, on at least 24 different occasions, to poison a former friend with toxic che...

Entry of dual convictions for bank robbery and armed bank robbery violated Double Jeopardy Clause

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Defendant Donald Cesare pled guilty to a two-count information charging him with bank robbery (18 U.S.C. § 2113(a)) and armed bank robbery ...
Monday, October 05, 2009

Plain error when district court, after granting downward departure, imposes sentence higher than bottom of pre-departure Guidelines range.

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Representing criminal defendants in sentencing, "you can't always get what you want, but if you try sometimes [and sometimes even i...
Tuesday, September 29, 2009

In an Clean Air Act Case, the Judgments of Conviction and Sentence Are Affirmed

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In United States v. Starnes/United States v. George , Nos. 07-3341/08-1691, September 24, 2009, the Court of Appeals affirmed the conviction...
Monday, September 28, 2009

A Civil Contempt Order, Which Confined the Defendant for 5 Years, Was Not a De Facto Criminal Contempt Order

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In United States v. Harris , No. 08-1553, September 23, 2009, the Court of Appeals affirmed the denial of Harris’ motion to vacate an order...

Rehearing Granted in Case Where Court Previously Held That Prior Conviction for Resisting Arrest Qualified as a Crime of Violence.

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On September 25th, in United States v. Stinson , No. 08-1717, July 28, 2009, the Court of Appeals granted rehearing in a case where it previ...

Under A.E.D.P.A., No 6th Amendment Violation Where Neither Pro Se Defendant Nor Standby Counsel Were Present for Trial.

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In Thomas v. Carroll , No. 06-2282, September 22, 2009, the Court of Appeals affirmed the District Court’s denial of Thomas’ § 2254 petition...
Thursday, September 24, 2009

Brady Violations Compel New Trial in Capital Murder Case

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In Simmons v. Beard , No. 05-9001 (3rd Cir. Sept. 11, 2009), a habeas proceeding arising from a capital murder conviction, the Third Circuit...
Wednesday, September 23, 2009

Writ of Audita Querela Under the All Writs Act Cannot Trump 28 U.S.C. 2255

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The Third Circuit recently ruled that a federal prisoner may not seek relief via a petition for a writ of audita querela under the All Writs...
Tuesday, September 15, 2009

Sentencing courts have discretion to consider fast-track disparity as a basis for a downward variance

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Joining the First Circuit and adding to the circuit split on this issue, the Third Circuit has held that, under the logic of Kimbrough v. Un...
Monday, August 31, 2009

Habeas Relief Granted in Decision Construing Pennsylvania Law of Conspiracy

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In Robertson v. Klem , No. 07-2581 (Aug. 28, 2009), the Court considers a state prosecution resulting in consecutive sentences of five to te...
Friday, August 28, 2009

"Departure" or "Variance," That is the Question

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District courts must speak clearly before striking with a big stick, the Court reiterates in United States v. Brown , No. 08-1221, vacating ...

Felon’s Possession of Gun With Ammo Supports Conviction on One Count Only

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Holding that possession of a firearm with ammunition is a "single unit of prosecution" under the felon-in-possession statute, 18 U...

Probation Sentence in Child Porn Case Falls as Procedurally and Substantively Unreasonable

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Earlier this year, the en banc Circuit directed in United States v. Tomko (Blog post here ) that "if the district court’s sentence is...
Friday, August 21, 2009

PA Escape (M2) is not a Crime of Violence

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In US v. George Hopkins , No. 06-5091 (3d Cir. Aug. 21, 2009), the 3rd Circuit ruled that escape as a second degree misdemeanor in Pennsylva...
Wednesday, August 19, 2009

Materiality and filing of false claims with IRS

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In United States v. Saybolt , Nos. 07-4392 & 4429 (Aug.18, 2009), the 3rd Circuit held (1) that filing false claims with the IRS, in vi...
Tuesday, August 18, 2009

Post-Begay, Possession of a Weapon In Prison Is Not Considered a “Crime of Violence” Under the Career Offender Guidelines

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In United States v. Polk , No. 08-4399 (August 12, 2009), Terrell Polk appealed his sentence of 37 months’ imprisonment for possession of a ...
Friday, August 14, 2009

Child Porn: Circuit upholds use of relevant conduct and conditions of release

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In United States v. Thielemann, No. 08-2335 , the defendant was indicted and pleaded guilty to one count of receiving child pornography. He ...
Tuesday, July 28, 2009

Booker Does Not Apply to the Size of a Sentence Reduction that May be Granted Under 18 U.S.C. § 3582(c)(2)

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In United States v. Dillon , No. 08-3397 (June 10, 2009), the defendant challenged the size of reduction available under a § 3582(c)(2) re-s...