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Tuesday, June 29, 2021

70,000 images of child pornography will not be suppressed.

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The government prevailed last week in the Third Circuit on an interlocutory appeal of a suppression grant. In United States v. Caesar , ...
Thursday, June 24, 2021

Conviction and sentence for embezzlement upheld over challenges for speedy trial violation, and to evidentiary rulings, jury instructions, and loss calculation.

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In United States v. David T. Shulick , 994 F.3d 123 (3d Cir., April 13, 2021), the Third Circuit affirmed convictions and sentence for embez...

Fifth Amendment/Double Jeopardy Clause does not bar the government from retrying a defendant who succeeds post-conviction in getting his conviction set aside due to prosecutorial misconduct.

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  In United States v. Gregory Brown, Jr. , 994 F.3d 147 (3d Cir., April 13, 2021), the Third Circuit Court affirmed the District Court'...
Wednesday, June 16, 2021

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When resentencing a defendant pursuant to the First-Step Act, a court must recalculate the Sentencing Guidelines and consider all §3553(a) f...
Thursday, May 27, 2021

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Fourth Time is the Charm: Successive §2241 petition may succeed in overturning a twenty-year old conviction   Jeffrey Holland v. Warden Cana...
Wednesday, May 05, 2021

When calculating intended loss, the question is not whether the defendant could have sold the items at the prices claimed by the government but whether the defendant intended to do so

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The defendant in United States v. Kirschner ,  __ F.3d __, 2021 WL 1570250 (3d Cir. April 22, 2021), imported counterfeit coins and bullion ...
Tuesday, May 04, 2021

Reminding a sentencing court that the §3553(a) factors are important, having the defendant request probation and even making a proportionality argument may breach a provision of a plea agreement prohibiting a party from requesting departures or variances below the guideline range.

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              The Third Circuit found defendants breached the terms of their plea agreements and vacated the sentences in United States v. Y...
Tuesday, April 27, 2021

District Court procedurally erred in rejecting leadership and obstruction enhancements and neither error was harmless. Yet, each enhancement required further factfinding so that the Third Circuit would not order these enhancements be applied on remand either.

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  In United States v. Francis Raia , 2021 WL 1257790, Appeal No. 20-1033 (3d Cir. Apr. 6, 2021), https://www2.ca3.uscourts.gov/opinarch/2010...

Insufficient evidence for criminal contempt, underlying District Court order invalid because it compelled testimony in violation of Fifth Amendment

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  In United States v. Nilda Morton , 2021 WL 1287562, Appeal No. 18-3270 (3d Cir. Apr. 7, 2021),  https://www2.ca3.uscourts.gov/opinarch/183...
Friday, March 19, 2021

Amendment 801 to § 2G2.2(b)(3)(F) is a substantive change to the Guidelines, and does not apply retroactively under § 2255

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United States v. Maximus Prophet , 2021 WL 800384 (Mar. 3, 2021),  https://www2.ca3.uscourts.gov/opinarch/183776p.pdf             Prior to...

ATT HAR / HAR Crimes of Violence under Section 924(c); Good Faith Exception to Warrant Requirement; Confrontation Clause on Work involving Collaboration

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United States v. Walker , 2021 WL 833994 (Mar. 5, 2021) (Jordan, Krause, Roth),  https://www2.ca3.uscourts.gov/opinarch/154062p.pdf         ...
Sunday, February 28, 2021

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    Failure to group certain counts as required by the Sentencing Guidelines is plain error requiring resentencing even if the sentencing co...
Tuesday, February 09, 2021

District court erred by: (1) failing to inquire into reasons for defendant's dissatisfaction with appointed counsel; (2) failing to make independent determination regarding consulation between defendant and appointed counsel about PSR; (3) imposing certain conditions of supervised release; and imposing special assessment under JVTA

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 Defendant Charles Senke was convicted after trial for attempted sex offenses involving a minor. He raised four objections on appeal. The Th...