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Tuesday, December 27, 2011

Attorney's failure to conduct adequate investigation of mitigating circumstances constituted ineffective assistance of counsel

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In Blystone v. Horn , Nos. 05-9002 & 05-9003 (3d Cir. Dec. 22, 2011), the Third Circuit denied the government's cross-appeal and u...

Fact that co-conspirator helped plan robbery that led to high speed chase insufficient to warrant U.S.S.G. §3C1.2 enhancement

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Defendant Dwayne Cespedes was part of a three-member conspiracy which planned and executed an armed bank robbery. After removing more than $...
Thursday, November 17, 2011

Court Errs by Not Considering Postsentencing Rehabilitation on Remand after Pepper

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In United States v. Salinas-Cortez , No. 11-1580 (3d Cir., November 8, 2011), the defendant challenged the sentencing court’s rejection of h...
Monday, November 07, 2011

Court finds PA Terroristic Threats Prior to be Crime of Violence

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United States v. Mahone , 2011 WL 5153699 (Nov. 1, 2011). Mahone pleaded guilty to being a felon in possession of a firearm in violation of ...
Friday, October 21, 2011

Continuing offense predating Guidelines harshening + continuing offense following Guidelines harshening + U.S.S.G. § 3D1.2 grouping + one book rule...

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...equals no ex post facto prohibition on applying harsher Guidelines. The Third Circuit decided United States v. Siddons , Case No. 10-1350...

The Sentencing Enhancement Under 18 U.S.C. §3147 Authorizes Courts to Add Up to Ten Years to the Statutory Maximum.

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Section 18 U.S.C. §3147(1) provides that if a person is convicted of an offense while under pretrial release, then in addition to the senten...

Bribery Prosecution: Instruction that coercion may bear on intent not required, sentence remanded for failure to consider sentencing disparity

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In U.S. v. Herman Friedman , No. 10-2235 (3d Cir., Sept. 28, 2011), the Third Circuit Court of Appeals affirmed Friedman’s conviction for br...
Thursday, October 20, 2011

Money Laundering - Insufficient Knowledge of Intent to Conceal

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United States v. Richardson , – F.3d –, 2011 WL 4430808 (3d Cir. Sept. 23, 2011). Asya Richardson was the fiancee of Alton Coles, the leader...
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....