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Sunday, January 24, 2010

Pennsylvania Resisting Arrest is Crime of Violence Under Begay

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In United States v. Stinson , No. 08-1717 , the Third Circuit recently ruled that Pennsylvania Resisting Arrest is a crime of violence under...
Friday, January 22, 2010

Proper Unit of Prosecution under § 924(c) Is the Underlying Predicate Offense

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United States v. Diaz , __ F.3d__, 2010 WL 143684 (3d Cir. Jan. 15, 2010). Nelson Diaz was convicted by a jury of two counts of possession o...
Thursday, January 21, 2010

Court Continues to Require Careful Tailoring of Internet Restrictions on Sex Offenders

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In United States v. Heckman, 08-3844 , the Third Circuit extended its line of precedent ( Crandon , Freeman , Voelker , Thielemann ) requiri...
Thursday, January 14, 2010

En Banc Court to Revisit Construction of Federal Conspiracy Statute

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On the government’s request, the Circuit has ordered en banc review of the decision in US v. Rigas , No. 08-3218 (Oct. 21, 2009) (original ...
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...