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Thursday, September 25, 2014

Once A Suspect is Arrested and the Scene Has Been Secured, The Exigent Circumstances Have Passed and The Fourth Amendment Requirement for a Search Warrant Reattaches.

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            The existence of exigent circumstances is one of the few exceptions to the Fourth Amendment requirement for a search warrant...
Friday, September 19, 2014

Convictions Under Pennsylvania’s Terroristic Threat Statute Are not Crimes of Violence.

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Applying the holding in Descamps v. United States , 133 S.Ct. 2276 (2013), the Third Circuit held in United States v. Brown (13-4442) ...

Rare case where Court, on direct appeal, remands for evidentiary hearing on IAC claim

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(Rendell, Fuentes, Greenaway , C.J.s) In Gov’t of V.I. v Vanterpool, No. 13-4400, 2014 WL 4473960, Vanterpool raised First Amendme...

For a Conviction of Distribution of Child Pornography Under 18 U.S.C. §2252, the Government Must Prove Images Were Downloaded or Obtained by Another Person.

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The Third Circuit held in United States v. Husmann , (No. 13-2688), that in a prosecution for distribution of child pornography, the Gov...
Tuesday, September 16, 2014

District Court’s failure to rule on a motion constitutes an implicit denial of that motion. Significant pre-arrest delay does not always lead to a speedy trial violation. Delays attributable to co-defendants’ motions can be considered against defendant in speedy trial claims.

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United States v. Craig Claxton , Appeal No. 12-3933 (3d Cir. August 18, 2014)   Claxton and others were charged with a conspiracy invo...

Determining the “most appropriate” Sentencing Guideline for convictions

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In United States v. Boney, Nos. 13-3087, 3199 (3d Cir. 9/15/14) , the Third Circuit heard cross-appeals from following a sentence impos...

Proper and improper application of cross-referenced Sentencing Guidelines and consequential enhancements

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United States v. Solomon, No 13-3108 (3d Cir., 9/15/14) , concerns the application of two Sentencing Guidelines sections, §§ 2C1.1(c)(1...
Friday, September 12, 2014

Alleyne error (924(c) count where defendant sentenced for brandishing but only charged with use) is not structural and was harmless

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(Rendell, Fisher, and Chagares, Circuit Judges) (Fisher, majority; Rendell, dissent)        United States v. Lewis , Appeal No. 10-29...
Thursday, September 11, 2014

Govt's 2 questions regarding post-arrest silence violated Fifth Amendment and were not harmless

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  (Rendell, Chagares, and Jordan , Circuit Judges)        In United States v. Shannon , Appeal No. 13-2389, 2014 WL 4401054, the Third Cir...
Tuesday, August 26, 2014

WARNING: Cooperating defendant whose plea agreement includes appellate waiver and who files an appeal is in breach of plea agreement and subject to de novo resentencing where Government can withdraw U.S.S.G. §5K1.1 motion

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United States v. Erwin , Appeal No. 13-3407 (3d Cir. Aug. 26, 2014) Defendant Erwin plead guilty, pursuant to a cooperating plea agreement...
Sunday, August 24, 2014

Circuit says that automobile exception is so expansive that it “essentially has obviated” the need for a search warrant as long as there is probable cause to believe that the car contains evidence of a crime.

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United States v. Donahue , 13-4767, 2014 WL 4115949 (August 22, 2014) After sentencing, defendant missed his turn in date in New Jersey...

Conspiracy to distribute cocaine is a lesser included offense of conspiracy to distribute 5 kilos or more of cocaine. Therefore, trial court did not err in refusing to submit the question of weight to the jury until after it had returned a guilty verdict on the conspiracy to distribute.

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United States v. Freeman , 09-2166, 10-4224, 2014 WL 4056553 (August 18, 2014) Defendants Freeman and Mark were charged with a count of...

Defendant who inherited over $400K did not violate his supervised release when he went on a spending spree instead of paying his restitution. Regardless of any bad faith on defendant’s part, district court failed to identify a specific condition that had been violated.

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United States v. Bagdy , No. 13-2975, 2014 WL 4100586 (August 21, 2014)   Bagdy was convicted of wire fraud (of course), sentenced t...
Wednesday, July 30, 2014

Circuit holds that the force required to support an abduction enhancement under § 2B3.1(b)(4)(A) is determined by an objective standard, and that a temporary taking of property may justify application of the loss enhancement under § 2B3.1(b)(7)(B).

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United Statesv. Thomas Edward Smith, Appeal No. 13-4422, 2014 WL 3582897 (July 10, 2014) (Rendell, Chagares, Jordan, J.) Thomas S...