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Friday, September 27, 2013

A Party May Not Preserve General Suppression Issues For Appeal, But Rather Individual Arguments Must Be Preserved With An Exacting “Degree of Particularity.”

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In United States v. Joseph , -- F.3d --, 2013 WL 5273120 (September 19, 2013), the Third Circuit clarified the exactness with which an ...

Funds Held In Individual Retirement Accounts and Joint Bank Accounts Are Available Funds Under Under the Criminal Justice Act (CJA).

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            The Third Circuit held in United States v. Konrad , -- F. 3d --, 2013 WL 5289087 (3d Cir. September 20, 2013) that individ...
Tuesday, September 24, 2013

Death of Habeas Petitioner Moots Petition

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In William A. Keitel v. Joseph Mazurkiewicz, et al., No. 12-4027 (3d Cir. Aug. 30, 2013 ), Appellant Ketiel filed a petition for writ of hab...
Monday, September 16, 2013

Sentencing courts are not limited to charged conduct, but may consider defendant's actual conduct, in determining whether defendant violated his supervised release

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In United States v. Khalil Carter , Nos. 12-3754 & 12-3755 (3d Cir. Sept. 13, 2013), the Third Circuit addressed the question of what e...

Third Circuit abandons judicial use immunity for defense witnesses and finds that government's refusal to immunize co-defendant did not violate defendant's due process rights

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In United States v. Quinn , No. 11-1733 (Aug. 14, 2013) (en banc), the Third Circuit joined every other federal Court of Appeals in rejecti...
Thursday, September 05, 2013

Bad cop who is convicted of civil rights violation “distributed” drugs when he planted drugs on those he arrested and thus court did not err in applying the drug trafficking guideline.

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United States v. Figueroa , No. 12-3575 (September 3, 2013). Defendant Figueroa was a Camden police officer who, along with other officers...
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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...