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Tuesday, November 01, 2016

Elonis STILL guilty for Facebook threats

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In US v. Elonis , 12-3798 (10/28/2016) , the Third Circuit affirms Elonis’s conviction for Facebook threats -- again.  SCOTUS vacated the C...

Interlocutory appeal of disclosure order in grand jury proceedings dismissed for lack of jurisdiction

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            The Third Circuit dismissed the appeal in In Re Grand Jury Matter #3 , 15-2475 (10/28/2016) , for lack of jurisdiction.  In res...

Pro se appeal of non-decision dismissed for lack of jurisdiction

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            In Marshall v. Commissioner of PA DOC, et al . 16-9000 (10/25/2016) , the Third Circuit dismissed this pro se appeal for lack ...
Tuesday, October 11, 2016

Pennsylvania Drug Priors Not Necessarily Qualifying Predicates for Recidivist Enhancements

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In Singh v. Attorney General , No. 15-2274, the Court reverses the Board of Immigration Appeals’ determination that an alien's prior Pe...

Unusual Bankruptcy Fraud Case Yields Guidance on Sentencing and Proof Issues

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In the rare bankruptcy fraud case to reach it, United Statesv. Free , No. 15-2939, the Court confronts an instance of a defendant who filed...
Wednesday, September 21, 2016

No Requirement of Actual Harm for Vulnerable Victim Enhancement

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     In United States v. Adeolu, No. 14-3610 , 2016 WL 4728003, the Circuit affirmed Adeolu’s sentence, holding that the vulnerable victim ...
Friday, September 02, 2016

Repeat and Dangerous Sex Offender Guideline / Categorical Approach

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In United States v. Dahl, No. 15-2271 (3d Cir., Aug. 17, 2016) , the district court committed plain error by failing to apply the categori...

Collateral Attack of Sentence Not Permitted at Supervised Release Revocation Hearing

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In United States v. Jones, No. 15-1636 (3d Cir., Aug.17, 2016) , Defendant sought to challenge the classification of his underlying convic...
Friday, August 19, 2016

Court Decides Indictment Error SOR, Evaluates Speedy Trial Claim

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United States v. Terrell Stevenson , No. 15-1942 , concerns a “hip-hop heroin hub” called Hood Promo.   Following a federal investigation,...
Monday, August 15, 2016

Circuit Addresses Definition of "Investment Advisor" for First Time

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In United States v. Miller , No. 15-2577 , the Court affirmed Miller’s securities fraud and tax evasion sentence for selling fake promis...
Thursday, August 11, 2016

Term of Imprisonment is Synonymous with Sentence of Imprisonment under U.S.S.G. §4A1.2

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Commonwealth v Hector Rengifo, N. 15-1779, August 5, 2016                This case answers the burning question, ...