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Monday, October 15, 2018

Complete ban on computer and internet use not sufficiently tailored to the risks of the defendant and violated First Amendment norms.

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In United States v. Holena , 2018 WL  4905748  (Oct. 10, 2018), http://www2.ca3.uscourts.gov/opinarch/173537p.pdf , the Third Circuit va...
Wednesday, October 03, 2018

Third Circuit sets standard for granting an evidentiary hearing when moving for new trial based on newly discovered evidence and considers extent to which the Confrontation Clause entitles defendant to cross-examine government witnesses regarding cooperation agreements

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A defendant's appeal after trial for drug trafficking provided the Third Circuit with the opportunity to clarify its limitations on cros...

Sentence reduction relief unavailable where a statutory maximum displaces defendant's Guidelines range

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Applying the Supreme Court's reasoning in Koons v. United States , 138 S.Ct. 1783 (2018), the Third Circuit, in United States v. Rivera-...
Friday, August 31, 2018

Court upholds suppression based on Rodriguez

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In United States v. Clark , 17-2739  the Court of Appeals held a traffic stop was impermissibly extended in violation of the Supreme Court...
Monday, August 27, 2018

Court Rejects 2013 Precedent Granting Habeas Relief, Holds Confrontation Clause Not Violated

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In Mitchell v. Superintendent Dallas SCI , No. 17-3118 (Aug. 23, 2018), the Court upholds the denial of relief to a habeas petitioner whose...

Convictions Affirmed in Prosecution that Took Down Philadelphia Traffic Court

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In a decision resolving six consolidated appeals beginning with United States v. William Hird , No. 14-4754, the Court revisits the venera...
Thursday, August 23, 2018

'Serious Bodily Injury' Agg Assault Held Not to Qualify as ACCA Predicate

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In United States v. Anthony Mayo , No. 16-4282 (Aug. 22, 2018), the Court holds that first-degree aggravated assault in violation of Sectio...
Friday, June 22, 2018

Prosecutorial misconduct of systematically injecting inadmissible evidence into child pornography trial was plain but did not warrant reversal; application of obstruction of justice enhancement erroneous and warranted remand for resentencing, even where district court imposed a downward variance

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United States v. Welshans ,  Appeal No. 16-4106 (3d Cir. June 14, 2018), 2018 WL 2976804 Welshans challenged his conviction and sente...

Second-degree aggravated assault with a deadly weapon (Pa) is categorically a crime of violence based on the elements clause of the career offender guideline.

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United States v. Ramos ,  Appeal No. 17-2720 (3d Cir. June 15, 2018), 2018 WL 2994410 On the government’s appeal, the Third Circuit fo...
Tuesday, June 05, 2018

Generic description of suspect sufficient to justify stop when analyzed under totality of the circumstances

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In United States v. Foster , Appeal Nos. 16-3650 & 16-4225 (3d Cir. May 30, 2018) , co-defendants challenged their convictions and sente...

Government's failure to file motion for reconsideration of suppression ruling within 30 days deprived Third Circuit of jurisdiction over interlocutory appeal

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In United States v. Kalb , Appeal No. 17-1333 (3d Cir. May 31, 2018) , the Third Circuit considered whether it had jurisdiction to hear the ...
Wednesday, April 04, 2018

Third Circuit Upholds Application of Sentencing Enhancements for Leadership Role and Conspiracy Relocation in Bank and Wire Fraud Conspiracy

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In United States v. Thung Van Huynh , 884 F.3d 160 (3d Cir., March 6, 2018), Defendant pled guilty to participating in a bank and wire fra...
Sunday, February 25, 2018

Good faith exception applied to evidence seized as the result of a warrant with extraterritorial application in violation of a then existing rule

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United States of America v. Gabriel Werdene, No 10-3588 (3d Cir., 2/21/2018) In an opinion dealing with a search warrant from the Eastern D...