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Monday, May 29, 2023

Two wins in the Third Circuit interpreting whether PA aggravated assault statute is an ACCA predicate: United States v. Marc Harris and United States v. Samuel Jenkins

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United States v. Marc Harris,  https://www2.ca3.uscourts.gov/opinarch/171861p.pdf   United States v. Samuel Jenkins,  https://www2.ca3.uscou...
Monday, May 22, 2023

Third Circuit amends local rules: new 5:00 p.m. E.S.T. deadline for filings (electronic and otherwise) will become effective on July 1, 2023.

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The Third Circuit adopted amendments to its Local Appellate Rules (L.A.R.), creating a new L.A.R. 26.1 and modifying L.A.R. Misc. 113.3(c). ...

Supreme Court win: Percoco v. United States

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Percoco v. United States, 598 U.S. ----, --- S.Ct. ----, S.Ct. No. 21-1158, 2023 WL 3356527 (May 11, 2023) https://www.supremecourt.gov/opin...

Supreme Court win: Ciminelli v. United States

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Ciminelli v. United States , 598 U.S. ----   --- S.Ct. ---- , S.Ct. No.   21-1170, 2023 WL 3356526 (May 11, 2023 )   https://www.supremec...
Saturday, March 11, 2023

US Sentencing Commission video recordings of hearings on proposed amendments to US Sentencing Guidelines

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February 23, 2023 Topics: Compassionate release February 24, 2023 Topics: Sex abuse of a ward, acquitted conduct https://www.ussc.gov/policy...
Thursday, February 23, 2023

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NOTICE: On February 23 and 24, 2023, the Sentencing Commission is holding hearings on proposed amendments to the US Sentencing Guidelines on...
Wednesday, July 13, 2022

Help us determine the future of the Third Circuit blog?

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Greetings Blog readers,  We are trying to determine how this Third Circuit blog can best suit your needs.  If you have thoughts and suggesti...
Sunday, March 13, 2022

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  Sufficiency of Evidence for Bribery, Extortion and Related Charges in Political Corruption Trial U.S.A. v. Edwin Pawloski and U.S.A. v. Sc...
Tuesday, January 11, 2022

Third Circuit specifies appellate standard of review for denial of hearing under Franks v. Delaware

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Under Franks v. Delaware , a defendant may challenge a search warrant affidavit that contains false statements or omissions. See Franks v....
Tuesday, December 28, 2021

Third Circuit reaffirms that sentencing courts must only give deference to Sentencing Commission's interpretation of genuinely ambiguous Guidelines' provisions

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In United States v. Malik Nasir , Appeal No. 18-2888 , the Third Circuit finally resolved defendant Malik Nasir's appeal after review be...
Friday, December 17, 2021

When evaluating a motion for early termination of supervised release, a district court may not impute a probation officer's improper actions to the defendant

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 In United States v. Sheppard , Appeal No. 20-3088 (Nov. 3, 2021), defendant moved for early termination of supervised release based on all...
Sunday, November 28, 2021

Court Grants Judgment of Acquittal for Failure to Prove Materiality of Defendant's Fraudulently Filing Document in Cosby Civil Suit

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 In  United States v. Joseph R. Johnson , No. 20-1449 , 2021 WL 5492600 (Nov. 23, 2021), Judge Matey writes for a panel that also includes J...

Court Affirms in Hard-Fought Appeal of Conviction in School Fraud Case

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 In United States v. Shulick , Nos. 18-3305 & 19-1011 (Nov. 15, 2021), the Court affirmed Shulick’s convictions and sentences for consp...
Thursday, October 28, 2021

A defendant cannot directly petition a court for compassionate release based on substantial assistance to bypass Rule 35(b)’s requirement that the government file a motion for sentence reduction exclusively on this ground

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18 U.S.C. § 3582(c) provides various routes for a District Court to reduce a defendant’s sentence after sentencing. Subsection (c)(1)(A) per...

Assault by a prisoner by “caus[ing] another to come into contact with [bodily] fluid” when the prisoner knew or should have known the fluid came from someone with a communicable disease," as prohibited by 18 Pa. Cons. Stat. § 2703, is not a crime of violence under the career offender guidelines

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 Under the career offender guidelines, a crime of violence is defined as the “use, attempted use, or threatened use of physical force.” U.S....
Friday, October 01, 2021

Spatial proximity of firearm to drugs is not necessary for enhancement under U.S.S.G. § 2D1.1(b)(1)

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               Section 2D1.1(b)(1) provides for a Guidelines enhancement when “a dangerous weapon (including a firearm) was possessed.” Appl...
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. ...