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Wednesday, March 11, 2015

Panel's Appellate-Waiver Decision Draws Sharp Criticism from Colleagues

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The Court yesterday published a four-judge dissent from the denial of en banc review in what was arguably last year’s most important decisi...
Tuesday, February 17, 2015

Securities Fraud: Irrevocable Liability Establishes the Locus of a Securities Transaction For Purposes of Determining Whether a Transaction was Domestic

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In United States v. Georgiou , Nos. 10-4774, 11-4587, and 12-2077 , the Third Circuit upheld the defendant’s securities fraud, wire fraud, a...
Tuesday, January 13, 2015

Interlocutory Appeal Dismissed for Lack of Jurisdiction Because Preclusion of Evidence Would Not Require Dismissal of Any Count

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United States v. Wright , Nos. 13-1766, 1767, 1768 , -- F.3d --, 2015 WL 106198 (3d Cir. Jan. 8, 2015).  In an earlier iteration, United Sta...
Monday, January 12, 2015

Striking Recommendation from Plea Doesn't Preclude Government from Arguing Enhancement

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In United States v. Davenport , No. 13-3644 , --- F.3d ---, 2014 WL 64698 (3d Cir. Jan. 6, 2015), the Court affirmed denial of 2255 relief...
Thursday, January 01, 2015

Manager of Medicare/Medicaid Provider Properly Received Sentencing Adjustment for Abuse of a Position of Trust

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In  United States v. Ashokkumar R. Babaria,  ___F.3d ___, No. 14-2694 (3d Cir. 12/31/14) ,  Dr. Babaria pled guilty to 42 U.S.C. §132...
Thursday, December 04, 2014

Passenger has no expectation of privacy in a car that isn’t his and in which he is not present when car is seized and searched. For a 924(c) count, indictment does not necessarily have to allege that a gun was possessed “in furtherance of” a crime of violence. Even after Alleyne, prior convictions that trigger mandatory minimums do not have to be proven to a jury beyond a reasonable doubt. Within guideline sentence did not violate 8th Amendment.

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United States v.Burnett, 14-1288, 2014 WL 6463173 (3d Cir. Dec. 2, 2014). After an unsuccessful motion to suppress, Burnett went to tr...
Thursday, November 20, 2014

Delay in presentment in pursuit of cooperation was unreasonable. Defendant's motion to suppress confession should have been granted.

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In United States v. Thompson, 13-1874 , the Third Circuit Court of Appeals affirmed the district court's denial of Mr. Thompson's mo...
Monday, November 10, 2014

Exclusionary rule does not apply when agents executing an otherwise valid search warrant fail to provide to the homeowner a list of items sought

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U.S. v. Franz, No. 13-2406, 2014 WL 5565457 (3dCir. Nov. 4, 2014) A police officer executing an otherwise valid search warrant failed...
Tuesday, October 28, 2014

Circuit Court grants habeas petition, finding trial counsel provided ineffective assistance of counsel regarding the availability of safety valve reduction and noting that the District Court’s statements during the plea colloquy did not alleviate counsel’s error.

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United States v. Bui , No. 11-3795, 2014 WL 5315061 (October 20, 2014) Dung Bui was indicted on the following four drug counts: (1) conspi...
Friday, October 24, 2014

Good Faith Exception to Fourth Amendment Exclusionary Rule Applies to Pre-Jones GPS Surveillance

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In United States v. Katzin, No. 12-2548, 2014 WL4851779 (3d Cir., Oct. 1, 2014) , Defendants challenged the warrantless tracking by FBI ag...
Wednesday, October 15, 2014

PROOF OF AN OVERT ACT AND RECEIPT OF A BENEFIT ARE NOT REQUIRED TO PROVE CONSPIRACY UNDER THE HOBBS ACT. A DEFENDANT CAN BE GUILTY OF CONSPIRACY TO EXTORT, BUT NOT GUILTY OF ATTEMPT TO EXTORT.

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Appellants Ronald Salahuddin, a former deputy mayor of Newark, and Sonnie Cooper, a demolition contractor, appealed their convictions u...