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Monday, September 27, 2021

Hobbs Act robbery is not a “crime of violence” under the Sentencing Guidelines

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Hobbs Act robbery is not a “crime of violence” under the Sentencing Guidelines. So holds the Third Circuit in United States v. Scott , No. ...
Wednesday, August 25, 2021

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Limited waiver of Miranda rights invalidated when a defendant raised the subject he initially stated he did not want to discuss during his i...
Saturday, August 21, 2021

Miller does not preclude sentencing juvenile offender to de facto life in prison without parole, even if he is not "incorrigible."

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The en banc decision in United States v. Grant , No. 3820,  https://www2.ca3.uscourts.gov/opinarch/163820pen.pdf , -- F.4th ----2021 WL 361...
Tuesday, August 17, 2021

Rebuttable presumption that firearm is used or possessed “in connection with” a drug-trafficking offense if the firearm is found in close proximity to drugs or related items, justifying a four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B)

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In United States v. Lesandro Perez,   https://www2.ca3.uscourts.gov/opinarch/191469p.pdf , Appeal No. 19-1469, --- F.4th ---, 2021 WL 308767...
Monday, August 16, 2021

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    Sixty-five-year sentence for a juvenile convicted under RICO predicated on murder upheld/ Upon resentencing, the “sentence-package doctr...
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...