Mitchell challenges his sentence on the basis of United States v. Booker. . . Having determined that the sentencing issues appellant raises are best determined by the District Court in the first instance, we will vacate the sentence and remand for re-sentencing in accordance with Booker.
Case summaries of recently decided Third Circuit criminal law cases and other relevant updates provided by Federal Defenders and CJA Panel Attorneys.
Monday, March 14, 2005
3rd Cir Continues Remands Under Booker
Continuing its broad approach to remands for resentencing in light of Booker, the 3rd Circuit in yet another not-precedential opinion, remanded for resentencing in a case involving a defendant sentenced at the bottom of his guideline range as a career offender -- US v. Mitchell (No. 03-3862, 3/11/05). This remand is a striking demonstration of just how broad the 3rd Circuit's approach is, since appellate counsel had filed a no-merit brief under Anders, but defendant in an informal pro se brief raised the Booker issue himself. The Court found that counsel had fulfilled all the requirements of Anders (and thus implicitly found that there were no meritorious issues for counsel to raise on appeal) but then remanded for resentencing stating only the following:
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Third Circuit Finds Defendant Was Not Seized Where He Briefly Paused and Raised Hands Before Fleeing
In United States v. Amos , ---F. 4th---, 2023 WL 8636910 (3d Cir. Dec. 14, 2023), the Third Circuit affirmed a district court's denial o...
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Third Circuit Finds Defendant Was Not Seized Where He Briefly Paused and Raised Hands Before FleeingIn United States v. Amos , ---F. 4th---, 2023 WL 8636910 (3d Cir. Dec. 14, 2023), the Third Circuit affirmed a district court's denial o...
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In United States v. Packer , 83 F.4th 193 (3d Cir. Sept. 26, 2023), https://www2.ca3.uscourts.gov/opinarch/222554p.pdf , the ...
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In Rogers v. Superintendent Greene SCI , --- F.4th ----, 2023 WL 5763346 (3d Cir. Sept. 7, 2023), available here , the Third Circuit rever...
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