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Monday, August 22, 2011

The Fair Sentencing Act Applies to All Defendants Sentenced on or After August 3, 2010, Regardless of When the Criminal Conduct Occurred

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In United States v. Dixon, No. 10-4300, the Third Circuit held that the Fair Sentencing Act of 2010, Pub. L. 111-220, § 2, 124 Stat. 2372, 2...
Wednesday, August 17, 2011

Conviction Vacated for Erroneous Instruction on Intent

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In United States v. Waller , No. 10-1321 (Aug. 16, 2011), the Court holds that it was reversible Doyle error for a district court to instru...
Tuesday, August 16, 2011

Officer's Reliance on Warrant Insufficient to Support Good Faith Exception to Exclusionary Rule

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In People of the Virgin Islands v. Tydel John , No. 09-4185 (Aug. 15, 2011), the Court holds 2-1 that the good faith exception to the exclus...

Evidence Insufficient to Sustain Conviction for Conspiracy to Transport Firearms

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In United States v. Tyson, No. 09-3487 (3d Cir, Aug. 3, 2011) , the defendant was found guilty by jury of multiple firearms-related offense...

No Reasonable Expectation of Privacy in Common Area of Multi-Unit Dwelling

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In United States v. Correa, No. 10-2199 (3d Cir., Aug. 2, 2011) , law enforcement officials executed arrest warrants for two associates an...
Friday, July 15, 2011

Language Barrier May Qualify as an Extraordinary Circumstance Warranting Equitable Tolling of AEDPA’s One Year Statute of Limitations.

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In Pabon v. Superintendent S.C.I. Mahanoy, No. 08-1536, Petitioner Angel Pabon challenged the denial of his habeas petition, as out of time....
Thursday, June 09, 2011

Court Adopts Factors to Determine Exceptions to Waiver of Issues Not Raised in Opening Brief, Remands for More Narrowly Tailored Internet Restrictions

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In United States v. Albertson, No. 09-1049, the Third Circuit considered yet again whether a defendant’s supervised release term and special...

De Novo Sentencing Applies After Court Vacates Part of Interdependent Sentence, Remand for Full Consideration of Post-Sentencing Rehabilitation

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In United States v. Diaz, No. 10-3337, the Third Circuit considered whether the district court correctly resentenced the defendant on remand...
Wednesday, June 08, 2011

Enhancement for Counterfeit Obligations Based on Face Value, Not Intended Loss

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In United States v. Wright , No. 10-2970 (3d. Cir. June 1, 2011), the Third Circuit vacated a sentence of twenty months imprisonment and rem...
Thursday, May 19, 2011

Mere Presence of Firearm Not Sufficient to Warrant Four-level Enhancement under U.S.S.G § 2K2.1(b)(6)

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In United States v. West , No. 09-2860 (3d Cir., April 29, 2011), the defendant challenged the four-level enhancement applied to his sentenc...
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Court upholds Iranian trade sanctions regime in face of broad constitutional challenges

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In United States v. Ali Amirnazmi , No. 10-1198 (May 13, 2011), the Court affirms on all counts a chemical engineer's conviction for mar...
Tuesday, April 26, 2011

General right to counsel with no temporal reference informs suspect he has a right to an attorney during questioning

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In United States v. Warren , No. 10-1598 (April 21, 2011), the Third Circuit affirmed denial of a motion to suppress statements and dismisse...

Sentencing enhancement for sadistic, masochistic, or violent materials and two special conditions of supervised release upheld

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In United States v. Maurer , No. 10-3049 (April 22, 2011) the Third Circuit affirmed the procedural reasonableness of a 60-month sentence fo...
Friday, April 22, 2011

Sentence with Large Downward Variance Reversed on Procedural Unreasonableness

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United States v. Negroni , 2011 WL 1125854 (Mar. 29, 2011). This case involved a massive fraud scheme in which the perpetrators submitted fa...
Wednesday, April 20, 2011

SORNA - Failure to Register Conviction Upheld

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In United States v. Pendleton , 2011 WL 1366382 (Apr. 12, 2011), the Circuit rejected defendant’s challenge to the sufficiency of the evide...

Dismissal of RICO Indictment Reversed - Enterprise and Pattern of Activity Sufficiently Alleged

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In United States v. Bergrin , 2011 WL 1366388 (Apr. 12, 2011), the Government appealed dismissal of RICO indictment which district court hel...

Third Circuit invalidates robbery conviction based on Brady violations and ineffective assistance of counsel

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In Breakiron v. Horn , (April 18, 2011), after the District Court had invalidated Breakiron's murder conviction and death sentence, the ...
Friday, April 08, 2011

Court Emphasizes the Strict Standard of Relief under Writ of Error Coram Nobis.

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Following his conviction for possession with intent to distribute 50 grams of cocaine base, Petitioner Gary Rhines continued to challenge hi...
Monday, March 28, 2011

Writ of Mandamus issues when District Court refuses to instruct jury on all elements of charged offense.

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While reiterating its general rule that mandamus is “a drastic remedy that is seldom issued and its use is discouraged,” the Third Circuit...

Borrower of rental car generally lacks expectation of privacy in that rental car.

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In United States v. Kennedy , No. 09-1980 (March 16, 2011) , the Third Circuit affirmed the denial of a suppression motion by a driver of ...