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Thursday, October 21, 2010

Interior Dog Sniff of Open Car Not Illegal Warrantless Search

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In United States v. Pierce, No. 09-3865 (3d Cir., October 1, 2010) , the defendant was stopped by a Delaware State trooper for speeding. Acc...

PWID is Lesser-Included Offense of PWID Within 1000 Feet of School

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In United States v. Petersen, No. 08-4794 (3d Cir., October 1, 2010) , the two defendants initially were charged with possession with intent...

CP Case: No Outrageous Conduct in Use of Fugitive CI; 1080 Month Sentence Reasonable

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U.S. v. Christie , 2010 WL 4026817 (Sep. 15, 2010) (published Oct. 15, 2010). During an unrelated fraud investigation, agents were contacted...
Tuesday, October 05, 2010

Circuit Applies Skilling, Reverses Honest Services Conviction

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In United States v. Riley , 2010 WL 3584066 (3d. Cir. Sept. 16, 2010), the Court held that the district court’s instruction to the jury that...

Circuit Affirms Inventory Search into Closed Containers

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In United States v. Mundy , 2010 WL 3547435 (3d. Cir. Sept. 14, 2010), the court held that (1) the city police department's vehicle stop...
Friday, October 01, 2010

Third Circuit holds that the Government may need a warrant to compel a cell phone provider to produce historical cellular tower data that would disclo

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In re Application of the U.S . , No. 08-4227 (3d Cir. Sept. 7, 2010), involves whether the Government can c overtly obtain, without a show...

Third Circuit holds that in criminal tax violations, willful blindness satisfies the legal knowledge component of the willfulness element.

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United States v. Stadtmauer , No. 09-1575 (3d Cir. Sept. 9, 2010) , involves several issues challenging the conviction, after a two-month ...
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Wednesday, September 29, 2010

In trial for unlawful firearm possession, lack of jury instruction on affirmative defense of justification not plain error.

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In Gov’t of V.I. v. Lewis , No. 09-3245 (3d Cir. Sept. 8, 2010) , the Third Circuit refined its test for when a jury, in an unlawful possess...

Third Circuit holds Fed. R. App. P. 4(b) not jurisdictional, and explicates the rule on questioning a defendant at trial on post-arrest silence.

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In Gov’t of V.I. v. Martinez , No. 08-2694 (3d. Cir. Sept. 8, 2010) the Third Circuit clarified two rules, on procedural, one substantive. ...
Friday, September 24, 2010

Third Circuit Denies Victim Mandamus: district court did not abuse discretion in denying motion to allow victim's attorney to appear at sentencing.

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Professor Berman's post on this interesting Crime Victims' Rights Act case, including a link to the Third Circuit's opinion, is ...
Wednesday, September 08, 2010

New Impeachment Evidence Can Serve as Basis for New Trial When Evidence Suggests Defendant was Wrongly Convicted

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In United States v. Quiles , Nos. 09-1667 and 09-1686 (August 17, 2010) , the Third Circuit affirmed the district court’s denial of a new t...

Sex Offender Requirement to Admit Guilt as Condition of Parole Does Not Violate First Amendment, Due Process or Ex Post Facto

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In Newman v. Beard , No. 08-2652 (August 16, 2010) , the Third Circuit affirmed the district court’s dismissal of petitioner’s amended compl...

Rehabilitative Needs Can Be Considered to Determine Whether to Revoke Supervised Release and the Duration of Imprisonment Upon Revocation

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In United States v. Doe , No. 09-2615 (August 16, 2010) , the Third Court affirmed revocation of Doe’s supervised release and imposition of ...
Friday, August 27, 2010

Search Incident to Execution of Warrant Upheld

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U.S. v. Allen, 2010 WL 3222107 (Aug 17, 2010) At approximately 8:00 p.m., police accompanied by a SWAT team executed a search warrant at a...
Tuesday, August 17, 2010

In first treatment of Gant, Third Circuit applies limited search-incident-to-arrest rule beyond vehicle searches

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In its first treatment of Arizona v. Gant , 129 S. Ct. 1710 (2009), which overruled the Belton rule allowing police to search a suspect'...
Tuesday, August 10, 2010

Fractured Third Circuit panel clarifies government waiver rules and previews looming Fourth Amendment issue

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In a rare, three-opinion panel decision, the Third Circuit has weighed in on -- but, for now, has not resolved -- an important issue concern...
Thursday, July 29, 2010

Upholding § 922(k) Ban on Unmarked Firearms, Court Charts Course for Second Amendment Challenges

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In a ruling upholding 18 U.S.C. § 922(k), which bars possession of firearms with obliterated serial numbers, the Court sets forth an extensi...

Court Construes Meaning of Federal “Official” for Purposes of Threat Statute; Rejects Self-Representation Challenge

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In United States v. Michael Bankoff , Nos. 08-3275 & 08-3688 (July 27, 2010), the Court holds that the federal statute criminalizing cer...

"Career Offender" Designation Not Always Fatal to Sentence Reduction Motion Pursuant to Crack Cocaine Guideline Amendments

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After an extended engagement with some very fine print, the Court holds in United States v. Glenn Flemming , No. 09-2726 (July 27, 2010), th...
Monday, July 12, 2010

Defendant's Repeated Presence at Drug Transactions Coupled With Phone Calls Sufficient to Support Aiding and Abetting Conviction

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In United States v. Mercado, No. 09-2681 (3d Cir., July 7, 2010) , the three defendants were indicted for aiding and abetting the possession...