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Thursday, November 07, 2013

After Descamps v. United States, Circuit Holds, Modified Categorical Approach Unaltered and Almendarez-Torres Undead

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In United States v.Conrad Clinton Blair , No. 12-4427, the Court rejects an expansive reading of the Supreme Court’s recent decision in De...
Thursday, October 31, 2013

GPS Searches Require a Warrant Based on Probable Cause, and the Good Faith Exception is Inapplicable in the Absence of “Immutable Authority or Information.”

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The Supreme Court held in United States v. Jones , 132 S. Ct. 945 (2012), that attaching a GPS device to a suspect’s vehicle constitutes a s...
Wednesday, October 09, 2013

Absent Federal Interest, Witness Intimidation Charges Cannot Stand/ Use of 42 U.S.C. §2241 to Attack Federal Convictions/ Remedies For Defendants Who Prove That Caselaw Their Actions Are No Longer Unlawful

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In United States v. Willie Tyler , No. 12-1275 (3d Cir, October 3, 2013), the Third Circuit applying recent decisions of the Uni...

Application of Guidelines Enhancement for Sophisticated Money Laundering Was Not Error Even Though The Defendant’s Acts Were Not Those Listed in Application Note

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In United States v. Fish , No. 12-3109 (3d Cir. 10/1/2013), the Third Circuit considered the application of U.S.S.G. §2S1....
Tuesday, October 01, 2013

True Threats, the First Amendment and the Internet.

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Anthony Elonis was convicted of violating 18 U.S.C. §875(c), which prohibits transmitting in interstate commerce communications containi...

Search and Seizure On International Waters.

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         The detention and search of a vessel on international waters and the Fourth Amendment implications of that stop and search were...
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 ...