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Friday, August 16, 2013

As a matter of first impression, sentencing courts are not required to conduct two separate § 3553(a) analyses when imposing a new term of supervised release in addition to post-revocation imprisonment

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United States v. Clark , No. 12-3462 (Aug. 13, 2013): During his term of supervised release, defendant Justin Clark was a passenger in vehi...
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Crime of knowingly presenting a materially false statement in an immigration form requires a statement made under oath

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United States v. Ashurov , No. 12-2711 (Aug. 12, 2013): Defendant, a citizen of Tajikistan, entered the United States under a visitor's...

Graphic videos of child pornography are admissible and relevant to show knowledge despite defendant's offer to stipulate videos constituted child pornography

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United States v. Finley , No. 12-2524 (Aug. 12, 2013): Defendant Craig Finley appealed his conviction for production, receipt, distribution...
Monday, August 12, 2013

En Banc Court Disavows Heightened Standard of Review in Challenges to Sufficiency of Evidence in Drug Conspiracy Prosecutions

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United States v. Caraballo-Rodriguez , No. 11-3768.  Sitting en banc, a unanimous Court revisits “a long line of cases” addressing the gover...
Friday, August 09, 2013

Second Rule 404(b) Ruling of the Week: Convictions for Simple Possession of Cocaine Were Not Admissible to Prove Knowledge or Intent to Distribute in a PWID Case

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The Third Circuit issued another strongly worded precedential Rule 404(b) opinion today, explaining that the strictures of the rule are oft...
Thursday, August 08, 2013

How to Oppose the Government's Rule 404(b) Motion

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United States v. Smith , No. 12-1516. Too often, it can seem that Rule 404(b) is applied in a manner that glosses over the government’s obl...
Tuesday, August 06, 2013

Some Reprieve in Supervised Release: New Limit on Authority to "Stack" Prison Terms for Violation … Plus New Approval of Crack Variance

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United States v. Dillon , No. 12-2653.  Held:  (1) District court plainly errs when, for supervised release violation, court imposes consecu...
Tuesday, July 30, 2013

Career Offenders Convicted of Crack Offenses Are Not Eligible for a Sentence Reduction Pursuant to 18 U.S.C. § 3582(c) if the District Court Granted a Downward Departure Under U.S.S.G. § 4A1.3 at Sentencing

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In United States v. Flemming , No. 12-1118 , the Third Circuit held that crack defendants who were designated as career offenders, but were ...
Thursday, July 11, 2013

Issuance of United States Passport Is Not Conclusive Proof Of Citizenship/ No Brady Violation Where Defense Declines Continuance/ No Judicial Estoppel Where Inconsistencies Explained

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United States v. Moreno , No. 12-1460 (3d Cir. 7/3/13) concerned a conviction for  false representation of United States citize...
Wednesday, July 10, 2013

Court Finds Longest Insider-Trading Sentence Ever Imposed Reasonable (and rejects other sentencing challenges)

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In United States v. Kluger , No. 12-2701 (July 9, 2013), the Court addressed numerous challenges to Kluger’s mid-range, 144-month sentence,...
Tuesday, July 02, 2013

Under The Speedy Trial Act, The Trial Clock Remains Tolled In The Time Period Between a Competency Evaluation and a Court's Final Determination of Competency.

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     In a matter of first impression, the Third Circuit held that the time statutorily excludable under the Speedy Trial Act (18 U.S.C. §3...
Wednesday, June 26, 2013

Tax Protester’s Conviction for Conspiracy to Defraud the United States Affirmed

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In United States v. Donald Turner (a/k/a Don L.Wood) , No. 12-1420, (May 1, 2013), the Third Circuit affirmed a sentence of 60 months’ imp...
Tuesday, April 30, 2013

Defendants Convicted of Crack Offenses Who Received Cooperation Departures Below the Mando are not Barred From Seeking a Sentence Reduction Under Section 3582(c)(2)

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In United States v. Savani , Nos. 11-4359/11-4494/12-1034 ,   the Third Circuit held that Amendment 750 to the Sentencing Guidelines supers...
Thursday, April 04, 2013

Erroneous application of sentencing enhancement is harmless when it had no effect on the sentence

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Judge Hardiman opened United States v. Zabielski , No. 11-3288, (April 3, 2013...