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Monday, December 21, 2009

Intentional 45 month delay in bringing defendant to trial violated defendant's Sixth Amendment speedy trial rights

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In a rare reversal of a district court's speedy trial decision, the Third Circuit in United States v. Battis , 08-2949 (3d Cir. Decembe...
Friday, December 04, 2009

Rehabilitation cannot be used to justify term of imprisonment, even if other factors are cited as well

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The Third Circuit this week, in U.S. v. Hoffa , No. 08-3920 (3d Cir. 12/2/09) , reiterated that 18 U.S.C. 3582(a) prohibits courts from usin...
Sunday, November 22, 2009

PA Simple Assault = crime of violence under knowing/intentional part of statute

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In US v. James Henry Johnson , No. 08-3693 (3d Cir. 11/18/09), the Circuit examined whether simple assault under Pennsylvania statute is a c...
Thursday, November 05, 2009

For Purposes of Double Jeopardy, General Conspiracy Statute Creates Single Offense that May Be Committed in Two Ways

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In United States v. Rigas, No. 08-3218 (3d Cir., 10/21/2009) , the defendants, members of the Rigas family, were charged with participating...

Indictment Alleging Honest Services Fraud Sufficient Where Charges Allege Intentional Violation of Clearly Defined Fiduciary Duty

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The issue in United States v. McGeehan, Nos. 05-1954 & 05-2446 (3d Cir.,10/22/2009) , was whether the defendants, the President/CEO and...

Shoupe Departures Applicable to Criminal History Only, Not Offense Level

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In United States v. Grier, No. 07-3507 (3d Cir., 10/26/2009) ,the defendant challenged the district court’s ruling that it did not have the ...
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...