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Thursday, February 28, 2013

Discovery of contraband in a shared cell is sufficient to warrant loss of good time credits

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In Denny v. Schultz , Docket No. 11-1450 (3d Cir. Feb. 15, 2013), the Third Circuit considered the question of what limit the Due Process C...
Tuesday, February 19, 2013

General appellate waiver does not bar appeal of subsequent modification of terms of supervised release

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Deciding a matter of first impression, the Third Circuit, in United States v. Wilson , Docket No. 12-1881 (3d Cir. Feb. 14, 2013), ruled tha...
Wednesday, January 30, 2013

Intended Loss Not Necessarily Potential Loss in Credit Card Fraud

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In United States v. Diallo, ___ F.3d ____, 2013 WL 150125 (3d Cir., Jan. 15, 2013), the defendant pled guilty to possessing over 15 counter...
Tuesday, January 15, 2013

S.Ct.: Conspiracy SOL and Burden on Defense of Withdrawal

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SUPREME COURT: Smith v. United States , --- S.Ct. ----, 2013 WL 85299 (U.S. Jan. 9, 2013). Held: A defendant bears the burden of proving...

Absence of Proof on Element of the Offense Overcomes Appellate Waiver

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United States v. Castro , --- F.3d ----, 2013 WL 69214 (3d Cir. Jan. 08, 2013).  Former Philadelphia Police Department official Castro was i...
1 comment:
Monday, January 14, 2013

Collateral Consequences Not Presumed on SR Revocation

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United States v. Huff , --- F.3d ----, 2013 WL 93165 (3d Cir. Jan. 09, 2013). The district court revoked Huff's supervised release and ...
1 comment:
Monday, January 07, 2013

Under the Modified Categorical Approach, Sentencing Courts May Only Consider the Charging Documents and the Jury Instructions When Determining if a State Offense is a Predicate Offense Under ACCA.

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    After pleading guilty to violating 18 U.S.C. § 922(g)(1), Dantey Tucker was sentenced to fifteen years imprisonment based on the sentenc...
Thursday, November 29, 2012

The First Paragraph of 18 U.S.C. § 1546(a) Prohibits the Possession or Use of Authentic Immigration Documents Obtained Fraudulently

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In United States v. Kouevi , No. 10-3529 (October 24, 2012), the Third Circuit addressed the issue of whether the defendant’s conduct was cr...
Friday, November 09, 2012

Government may object to timeliness of appeal at any point up to and including its merits brief

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In United States v. Muhammud , 10-3138 (Decided: Sept. 28, 2012; Published Nov. 5, 2012), the Third Circuit joined several of its sister ci...
Thursday, November 01, 2012

Successive § 3582 Motions Not Jurisdictionally Barred; Defendant Whose C Plea Not Explicitly Based on Guidelines Is Not Eligible for Relief

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United States v. Weatherspoon , --- F.3d ----, 2012 WL 4800974 (3d Cir. Oct. 10, 2012). After the Sentencing Commission made retroactive th...

Sentence Procedurally Unreasonable Where Court Failed to Address Variance Argument

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United States v. Begin , --- F.3d ---, 2012 WL 4784362 (3d Cir. Oct. 9, 2012).   Begin appealed from his 240-month sentence for using the in...

Maximum Term on Revocation of Supervised Release Is Based on Class of Underlying Felony at the Time of the Offense

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United States v. Turlington , --- F.3d ----, 2012 WL 4237611 (3d Cir. Sept. 21, 2012) (published Oct. 16, 2012). In this case defendant’s c...
Tuesday, October 16, 2012

No Crack Reduction for Career Offenders Even if Sentence is Based On the Crack Range

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United States v. Ware , --- F.3d ----, 2012 WL 4216831 (3d Cir. Sept. 21, 2012).   Defendants, each designated career offenders, were ulti...

Court Reverses in CP Case where Court did not View Challenged CP Evidence / Finds Unfair Prejudice

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United States v. Cunningham , --- F.3d ----, 2012 WL 4075875 (3d Cir. Sept. 18, 2012).   Cunningham was charged in a three count indictment ...

Discovery for Organizational Defendants / Invited Error / Inconsistent Verdicts

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United States v. Maury , --- F.3d ----, 2012 WL 4074565 (3d Cir. Sept. 17, 2012).  In a lengthy decision affirming convictions for organizat...
Friday, September 28, 2012

Court articulates factors for egregious and widespread violations of Fourth Amendment and whether consent is voluntary

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In Oliva-Ramos v. Attorney General of the U.S., --- F.3d ----, 2012 WL 4017478 (3d Cir. Sept 13, 2012), an appeal from an order of removal...
Monday, September 24, 2012

When Considering a Request By the Government to Modify the Terms of Supervised Release, a Court May Not Impose Any New Terms That Would Create a Greater Deprivation of Liberty Than Necessary to Achieve The Sentencing Goals Established in 18 U.S.C. §3553(a).

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     In United States v. Murray , Nos. 11-3196, 11-3197 (3d Cir. September 5, 2012), the Third Circuit considered the question of when it is...
Sunday, September 23, 2012

Weapons suppressed: random male observed in a conversation being shown a gun did not give reasonable suspicion to detain him, and subsequent flight did not elevate encounter to probable cause to arrest.

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In United States v. Navedo , No. 11-3413 (3d Cir. Sept. 12, 2012), http://www.ca3.uscourts.gov/opinarch/113413p.pdf, undercover officers wer...
Thursday, September 20, 2012

The Prohibition Against General Sentences Does Not Apply to Non-Guideline Sentences.

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United States v. Martorano, No. 11-2864 (3d Cir. September 5, 2012)     George Martorano was charged with nineteen counts in relation to t...
Wednesday, September 19, 2012

Crack reduction cases: Court upholds denial of proportional reductions below amended guideline range to account for variance in original sentence

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In United States v. Berberena (Sept. 11, 2012), , the Court affirmed denials of sentence reductions below the amended Guideline range in two...