Sixth Amendment Speedy Trial Right not Triggered by Inmate’s Placement in...
In United States v. James Bailey-Snyder, No. 18-1601 (3d Cir., May 3, 2019), Defendant, an inmate at FCI Schuylkill, was under investigation for weapon possession at the prison. During a search, prison...
View ArticleMandatory Consecutive Sentence for Aggravated Identity Theft Does Not...
In United States v. A.M., No. 18-1120 (June 20, 2019), the Court holds that defendants subject to a mandatory two-year prison sentence for aggravated identity theft may still face enhancement of their...
View ArticleOfficer's pre-Miranda comment to defendant that his girlfriend would also be...
In United States v. Tyrone Greene, (No.18-2923)(June 25, 2019) the Court of Appeals through an opinion by Judge Hardiman affirmed the denial of the defendant's motion to suppression of evidence.Greene...
View ArticleCourt of Appeals joins eight other Circuit Courts in finding legal innocence...
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 defendant's motion to withdraw his guilty plea. The defendant...
View ArticleEnticement of a minor and travel case: sufficient evidence, no misstatement...
United States v. Davis, --- F.3d ----, 2021 WL 97427, Appeal No. 19-1696 (3d Cir. Jan. 12, 2021); https://www2.ca3.uscourts.gov/opinarch/191696p.pdfDavis answered a Craigslist ad supposedly about an...
View ArticleConvictions vacated against bank executives: government must prove a...
United States v. Harra, --- F.3d ---, 2021 WL 97446, Appeal Nos. 19-1105, 19-1136, 19-1190, 19-1237 (Jan. 12, 2021); https://www2.ca3.uscourts.gov/opinarch/191105p.pdfWilmington Trust financed...
View ArticleHeightened standard of proof for "willfully" element does not apply to every...
Defendant Smukler was convicted on multiple charges of fraud and false statements under the Federal Election Commission Act (FECA). On appeal, United States v. Smukler, __ F.3d __, 2021 WL 245262...
View ArticleDespite equitable concerns, property was not subject to criminal forfeiture...
Defendant Lucas was convicted of wire fraud and related offenses for attempting to take control of Burke Farm. Lucas consented to forfeiture of Burke Farm because it was purchased with proceeds of his...
View ArticleDistrict court erred by: (1) failing to inquire into reasons for defendant's...
Defendant Charles Senke was convicted after trial for attempted sex offenses involving a minor. He raised four objections on appeal. The Third Circuit affirmed his convictions, but vacated and...
View ArticleArticle 15
Failure to group certain counts as required by the Sentencing Guidelines is plain error requiring resentencing even if the sentencing court imposed a downward variance In United States v....
View ArticleATT HAR / HAR Crimes of Violence under Section 924(c); Good Faith Exception...
United States v. Walker, 2021 WL 833994 (Mar. 5, 2021) (Jordan, Krause, Roth), https://www2.ca3.uscourts.gov/opinarch/154062p.pdf In Walker, the Third Circuit ruled that both Hobbs Act robbery...
View ArticleAmendment 801 to § 2G2.2(b)(3)(F) is a substantive change to the Guidelines,...
United States v. Maximus Prophet, 2021 WL 800384 (Mar. 3, 2021), https://www2.ca3.uscourts.gov/opinarch/183776p.pdf Prior to 2016, a Circuit split arose over whether the Guideline enhancement...
View ArticleInsufficient evidence for criminal contempt, underlying District Court order...
In United States v. Nilda Morton, 2021 WL 1287562, Appeal No. 18-3270 (3d Cir. Apr. 7, 2021), https://www2.ca3.uscourts.gov/opinarch/183270p.pdf, the Third Circuit reversed a contempt conviction under...
View ArticleDistrict Court procedurally erred in rejecting leadership and obstruction...
In United States v. Francis Raia, 2021 WL 1257790, Appeal No. 20-1033 (3d Cir. Apr. 6, 2021), https://www2.ca3.uscourts.gov/opinarch/201033p1.pdf, the Third Circuit vacated the sentence and remanded...
View ArticleReminding a sentencing court that the §3553(a) factors are important, having...
The Third Circuit found defendants breached the terms of their plea agreements and vacated the sentences in United States v. Yusuf and United States v. Campbell, 993 F.3d 167 (3d 2021)....
View ArticleWhen calculating intended loss, the question is not whether the defendant...
The defendant in United States v. Kirschner, __ F.3d __, 2021 WL 1570250 (3d Cir. April 22, 2021), imported counterfeit coins and bullion and then, posing as a federal law enforcement agent, sold them...
View ArticleArticle 8
Fourth Time is the Charm: Successive §2241 petition may succeed in overturning a twenty-year old conviction Jeffrey Holland v. Warden Canaan USP. No. 19-1800 (Third Cir., 5/19/2021), 2021 U.S. App....
View ArticleArticle 7
When resentencing a defendant pursuant to the First-Step Act, a court must recalculate the Sentencing Guidelines and consider all §3553(a) factors anew, but it cannot reexamine or reevaluate facts...
View ArticleFifth Amendment/Double Jeopardy Clause does not bar the government from...
In United States v. Gregory Brown, Jr., 994 F.3d 147 (3d Cir., April 13, 2021), the Third Circuit Court affirmed the District Court's denial of Brown’s motion to dismiss on Double Jeopardy grounds....
View ArticleConviction and sentence for embezzlement upheld over challenges for speedy...
In United States v. David T. Shulick, 994 F.3d 123 (3d Cir., April 13, 2021), the Third Circuit affirmed convictions and sentence for embezzling funds from a federally funded program, conspiracy, bank...
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