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Wednesday, January 01, 2014

Judge’s Skeptical Questioning of a Pro Se Defendant/ Absence of Pro Se Defendant From a Sidebar Conference Outside of the Presence of the Jury

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Ronald Ottaviano was indicted in the District of New Jersey for money laundering, tax evasion, wire fraud and conspiracy as a result o...
Monday, December 02, 2013

Supervised Offender’s Waiver of Legal Representation at Revocation Hearing Sufficient under Totality of the Circumstances Standard

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In United States v. Manuel , No. 12-4258 (3d Cir., Oct. 17, 2013) , Defendant pled guilty to conspiracy as well as the substantive offense o...

Sentencing Court May Require Defendant to Deliver Sworn Allocution

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In United States v. Ward , No. 12-1511 (3d Cir., Oct. 15, 2013) , Defendant was a professor emeritus at the University of Pennsylvania’s Wha...
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....