In a April 26, 2007, Order, the Third Circuit vacated its February 28, 2007, precedential opinion in United States v. Shedrick, 478 F.3d 519 (3d Cir. 2007).
In that published opinion (described in detail here), the Court found that it had jurisdiction to hear an appeal from the denial of a 28 U.S.C. § 2255 petition that raised claims of ineffective assistance of counsel, even though the petitioner had signed a collateral attack waiver. In addition, after finding that ineffective assistance had deprived Sedrick of his right to a direct appeal, the Court reached the merits of that direct appeal and affirmed the sentence.
Case summaries and commentary on recently decided criminal law cases in the Third Circuit provided by Federal Defenders and CJA Panel Attorneys.
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Amendment 801 to § 2G2.2(b)(3)(F) is a substantive change to the Guidelines, and does not apply retroactively under § 2255
United States v. Maximus Prophet , 2021 WL 800384 (Mar. 3, 2021), https://www2.ca3.uscourts.gov/opinarch/183776p.pdf Prior to...

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Section 18 U.S.C. §3147(1) provides that if a person is convicted of an offense while under pretrial release, then in addition to the senten...
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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 ...
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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...

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