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Saturday, March 09, 2019

Jurisdiction of the Virgin Island District Courts / Limitation on cross based on Rule 403

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Ayala was convicted in the District Court of the Virgin Islands of federal Hobbs Act robbery and conspiracy, use of a firearm during the c...

Excludable time for competency determination under STA does not automatically include delay for transportation beyond ten days; delay in transport found unreasonable and therefore not excludable.

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On January 28, 2014, Williams was charged by information with federal and VI firearms offenses.  Prior to arraignment, Williams's counse...
Friday, March 08, 2019

District Court’s sua sponte continuance did not validly exclude time under STA

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Following his conviction for wire fraud and aggravated identity theft, Reese appealed his conviction, in part based on a claim that his tria...
Wednesday, March 06, 2019

Good Faith Exception Applies to pre-Carpenter Seizures of Cell Site Location Information (CSLI) Under the Stored Communications Act (SCA).

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             Appellant Jay Goldstein had moved to suppress cell site location information (CSLI), in the District Court, arguing a viola...
Sunday, February 10, 2019

Failure to postpone sentencing contravened the principles underlying the right to allocution, codified in Fed.R. Crim. P. 32(i)(4)(A)

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In United States v. Chapman, Appeal No. 17-1656 (Feb. 7, 2019), https://www2.ca3.uscourts.gov/opinarch/171656p.pdf , the Third Circuit vac...

924(e)’s definition of “serious drug offense” (ACCA) encompasses attempt, and the attempt and accomplice provisions of Pennsylvania’s possession with intent to distribute statute, 35 Pa. Stat. Ann § 780-113(a)(30), are co-extensive with federal law for purposes of the categorical approach

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In United States v. Daniels , Appeal No. 17-3503 (Feb. 7, 2019),  https://www2.ca3.uscourts.gov/opinarch/173503p.pdf , the Third Circuit af...

A defendant cannot be criminally liable for conspiring with a government informant

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In United States v. Garner , Appeal No. 17-1181 (Feb. 8, 2019),  https://www2.ca3.uscourts.gov/opinarch/171181p.pdf , the Third Circuit fo...
Sunday, December 23, 2018

Gun suppressed for lack of reasonable suspicion despite match in clothing and race between fleeing suspect and man stopped nearby

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In United States v.Bey , No. 17-2945 (Dec. 21, 2018), the Court reverses the denial of a motion to suppress, holding that while officers a...
Wednesday, December 19, 2018

Challenges to anonymous tip and ‘career offender’ designation fall short

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In United States v.McCants , No. 17-3103 (Dec. 18, 2018), the Court rejects a Fourth Amendment challenge to a stop and frisk predicated on...
Tuesday, December 04, 2018

Bridgegate Defendants: Court upholds wire fraud, and theft or bribery concerning programs receiving federal funds convictions, reverses deprivation of civil rights convictions.

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U.S. v. Baroni , 17-1817, 2018 WL 6175668 (3d Cir. Nov. 27, 2018) Defendants Baroni and Kelly were charged with conspiracy to obtain by fr...

Circuit affirms denial of motion to suppress, but finds "possession in connection with another felony" enhancement applied in error

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U.S. v. Hester , No. 16-3570, 2018 WL 6259314 (3d Cir. Nov. 30, 2018) In this felon-in-possession of a firearm case, the Third Circuit aff...
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...