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Tuesday, March 27, 2012

Defendant Not Eligible for Sentence Reduction under 18 U.S.C. § 3582(c)(2) When Sentenced Under Career Offender Guidelines

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In United States v. Barney , No. 11-2488, (3d Cir., Mar. 6, 2012), the Third Circuit addressed the issue it previously had left open in Unit...
Tuesday, March 13, 2012

"TRAC" Analysis of Variations in Sentencing Significantly Flawed

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A recent post brought your attention to a newly released study from the Transactional Records Access Clearinghouse of Syracuse University (...
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Thursday, March 08, 2012

Court Rejects Claims on Bill of Particulars / Duplicity / Sufficiency

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In United States v. Moyer , 2012 WL 639277 (Feb. 29, 2012), Police Officer defendants were charged with covering up a racially-motivated and...
Tuesday, March 06, 2012

Misstatement in Plea Colloquy Narrowed Waiver; Ex Post Facto Applies to Advisory Guidelines, Overrides One-Book Rule

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In United States v. Saferstein, 2012 WL 234408 (Jan. 26, 2012) (published Feb. 24, 2012), the Circuit held that (1) a District court's ...

Post-Hoc Testimony Re Tint Not Basis for Reasonable Suspicion; Tip About Firearms in Car Not Sufficient

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In United States v. Lewis , 2012 WL 556065 (Feb. 22, 2012), a reasonable suspicion / traffic stop case, the Circuit held: (1) that testimony...
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New study lists sentencing disparities between Federal District Courts and Federal District Court Judges/ Eastern District of Pennsylvania among those with highest disparities in drug sentencing

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Editors Note: See update post of 3/13/2012 on TRAC report. TheTransactional Records Access Clearinghouse of Syracuse University has released...
Wednesday, February 22, 2012

Delay in delivering court order caused by prison authorities excluded from time to file motion for reconsideration

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In Long v. Atlantic City Police Department, et al.,   No. 06-4732 (11/9/2011), Mr. Long sought to extend th...
Tuesday, February 21, 2012

Prisoner who through no fault of his own did not receive notice of district court order dismissing his civil action not entitled to file a late appeal to the court of appeals

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The lesson of Baker v. United States Government Officials , Nos. 08-2288 and 08-2365 (February 13, 2012)— which applies to appeals o...
Tuesday, February 14, 2012

Defendants in Multi-National, Internet-Based, Controlled-Substance-Distribution Case Seek Relief on Multiple Grounds Without Success

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In United States v. Bansal , Nos. 06-1370, 06-2535, 06-2536, 06-3043, 07-1525, 07-1526, 07-4618, 09-1827 (3d. Cir. December 14, 2011), the T...
Thursday, February 09, 2012

AMD 691 Vitiates Precedent that USSG §2K2.1(b)(6) Does Not Apply When the Predicate is Burglary of the Firearms that are the Subject of the Conviction

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In United States v. Keller , Nos. 11-1172-1173 (3d. Cir. December 14, 2011), the Third Circuit vacated the sentence in this burglary of a gu...
Friday, January 13, 2012

The Second Amendment does not protect a person legally entitled to possess a firearm who lives with a felon from being charged with aiding and abetting under 922(g). And in determining the sufficiency of the charge in defendant’s Rule 12(b)(3)(b) motion to dismiss, the District Court should not ordinarily stray outside the four corners of the Indictment.

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In United States v. Huet , No. 10-4729 (3d Cir. Jan 5, 2012) , Police executed a valid search warrant of a home shared by Melissa Huet and M...
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...