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Thursday, January 21, 2021

Convictions vacated against bank executives: government must prove a statement false under each objectively reasonable interpretation of an ambiguous reporting requirement

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United States v. Harra , --- F.3d ---, 2021 WL 97446, Appeal Nos. 19-1105, 19-1136, 19-1190, 19-1237 (Jan. 12, 2021);  https://www2.ca3.usco...

Enticement of a minor and travel case: sufficient evidence, no misstatement of law, no entrapment, no plain error in sentencing enhancement for misrepresenting age and sexual orientation

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United States v. Davis , --- F.3d ----,   2021 WL 97427 , Appeal No.   19-1696 (3d Cir. Jan. 12, 2021);  https://www2.ca3.uscourts.gov/opin...
Friday, June 28, 2019

Court of Appeals joins eight other Circuit Courts in finding legal innocence to be a valid basis for motion to withdraw guilty plea. But in doing so, affirms denial of motion because there was no credible evidence presented of innocence. Assertions alone are insufficient.

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In United States v. James, No. 18-2569 (June 27, 2019), the Court of Appeals, through an opinion by Judge Jordan, affirmed the denial of de...
Wednesday, June 26, 2019

Officer's pre-Miranda comment to defendant that his girlfriend would also be charged criminally was not the functional equivalent of interrogation which would warrant suppression of defendant's inculpatory response.

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In United States v. Tyrone Greene , (No.18-2923)(June 25, 2019) the Court of Appeals through an opinion by Judge Hardiman affirmed the denia...
Tuesday, June 25, 2019

Mandatory Consecutive Sentence for Aggravated Identity Theft Does Not Foreclose Enhancement of Underlying Sentence for Use of Device-Making Equipment in Stealing IDs

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In United States v. A.M . , No. 18-1120 (June 20, 2019), the Court holds that defendants subject to a mandatory two-year prison sentence f...
Monday, May 20, 2019

Sixth Amendment Speedy Trial Right not Triggered by Inmate’s Placement in Administrative Segregation for Investigation of New Crime

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In United States v. James Bailey-Snyder , No. 18-1601 (3d Cir., May 3, 2019), Defendant, an inmate at FCI Schuylkill, was under investigat...

Hobbs Act Robbery is Crime of Violence under 18 U.S.C. § 924(c), but Not Crime of Violence under the Career-Offender Guideline U.S.S.G. § 4B1.2

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In United States v. Raul Rodriguez , Nos. 18-1606 and 18-1664 (3d Cir., May 1, 2019), Defendant pled guilty one count each of Hobbs Act ...
Tuesday, April 02, 2019

Drug Quantity Proof / Evidence at Sentencing

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In United States v. Rowe , No. 18-1192 (Apr. 2, 2019) , the Third Circuit vacated the defendant's conviction for distribution and posses...
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...