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Wednesday, June 21, 2017

FBI agent's leaks to local media outlets did not violate defendant's Fifth and Sixth Amendment rights

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In United States v. Chaka Fattah, Jr., Docket No. 16-1265 (3d Cir. June 2, 2017) , the Third Circuit considered whether a FBI agent's le...
Wednesday, May 03, 2017

Court has jurisdiction to review substantive reasonableness of Section 3582 denial

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United States v. Jose Angel Rodriguez, No. 16-3232 ,  2017 WL 1526279 (3d Cir. Apr. 28, 2017), as amended (May 1, 2017).            Rod...
1 comment:
Thursday, April 13, 2017

Evidence of Uncharged Solicitations Admissible under Rule 404(b) in Hobbs Act Extortion and Federal Programs Bribery Prosecution

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In United States v. Repak, No. 15-4011, 2017 WL 1149100 (3d Cir., March 28, 2017) , Defendant challenged his conviction for two counts eac...
1 comment:
Thursday, March 23, 2017

Right to Fair and Impartial Trial Applies to Bench Trials

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In Paul McKernan v. Superintendent Smithfield SCI , 849 F.3d 557, the Third Circuit held that the right to a fair trial applies not onl...
1 comment:
Wednesday, March 22, 2017

Third Circuit reverses obstruction of justice enhancement where failure to appear for trial was not "willful"

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United States v. Kenneth R. Douglas , Docket No. 15-1754 (3d Cir. Feb. 22, 2017) Defendant Kenneth Douglas was an airport employee who use...

Third Circuit adopts "listening post" theory for wiretap intercepts under Title III

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United States v. Dominique Jackson ,  Docket No. 14-3712 (3d Cir. Feb. 24, 2017) Defendant Dominique Jackson was convicted after trial for...

Sentencing enhancements do not define a crime for purposes of the categorical approach

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Chavez-Alvarez v. Attorney General, http://www2.ca3.uscourts.gov/opinarch/161663p.pdf The Third Circuit reversed the BIA’s removal of...
Monday, March 20, 2017

Court finds no plain error in the use of dual juries

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In United States v. Brown , Docket No. 14-3754  (3d Cir. Feb. 22, 2017), the defendant raised Fifth and Sixth Amendment challenges to the us...
Wednesday, February 01, 2017

Vacating October Decision, Court Holds Return of Indictment Not Necessarily Fatal to Appellate Jurisdiction over Grand Jury Matters

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On rehearing, a unanimous panel changes course in In re Grand Jury Matter #3 , No. 15-2475 (Jan. 27, 2017), holding in this “out-of-lane” c...
Wednesday, January 11, 2017

Definition of Crime of Violence Under 18 U.S.C. §16(b) is Unconstitutional

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      The Third Circuit ruled that the definition of crime of violence under 18 U.S.C. § 16(b) is unconstitutionally vague, and theref...
3 comments:
Monday, January 09, 2017

Divisible Statutes and the Means/Elements Test Under Mathias

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In United States v. Henderson, 841 F.3d 623 (3d Cir. 2016) , the Third Circuit ruled that Pennsylvania’s Controlled Substances Act was a...
Wednesday, December 28, 2016

THE CATEGORICAL APPROACH DOES NOT APPLY TO A CONTEMPORANEOUS CRIME OF VIOLENCE AND A VIOLATION OF 18 U.S.C. § 924(c)

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In two cases decided on December 19, 2016, United States v. Robinson , No. 15-1402, 2016 WL 7336609 and United States v.Galati , No. 15-1609...
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...