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Friday, September 23, 2011

Honest Services Fraud and Bribery convictions upheld

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In US v. Wayne R. Bryant and R. Michael Gallagher, Nos. 09-3243 & 09-3275 (click here) (Aug. 25, 2011), the Circuit affirmed the convic...
Thursday, September 22, 2011

47 year prison terms affirmed for brothers convicted of Hobbs Act robbery of local drug dealer

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Brothers Barron and Barry Walker were convicted after trial of various offenses including drug trafficking, firearm and robbery charges. Eac...
Monday, September 19, 2011

General Criminal Venue Provision Applies When Part of Offense Committed in US & Illicit Sexual Conduct Outside the US Statute Constitutional

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In United States v. Pendleton, No. 10-1818, September 7, 2011 , the Court of Appeals considered: (1) whether the general criminal venue prov...
Friday, September 09, 2011

Use immunity for defense witness

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In US v. Jamaal L. Mike , No. 10-1394 (Aug. 23, 2010) (click here) , the 3d Circuit held that the district court properly denied a defense r...

Self-representation; CCE: and 851 notice

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In US v. Prince Isaac, No. 08-4755 (Aug. 23, 2011) (click here)  the 3rd Circuit held: (1) Defendant who was representing himself was not ...

Fumo Sentencing Errors

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In US v. Fumo and Arnao, Nos. 09-3388 & 09-3389 (Aug. 23, 2011) (click on link to see decision), the Third Circuit upheld Fumo's co...
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...