Once A Suspect is Arrested and the Scene Has Been Secured, The Exigent...
The existence of exigent circumstances is one of the few exceptions to the Fourth Amendment requirement for a search warrant prior to any search or seizure. However, once the exigency is...
View ArticlePROOF OF AN OVERT ACT AND RECEIPT OF A BENEFIT ARE NOT REQUIRED TO PROVE...
Appellants Ronald Salahuddin, a former deputy mayor of Newark, and Sonnie Cooper, a demolition contractor, appealed their convictions under the Hobbs Act, 18 U.S.C. §1951(a), for conspiring to extort...
View ArticleGood Faith Exception to Fourth Amendment Exclusionary Rule Applies to...
In United States v. Katzin, No. 12-2548, 2014 WL4851779 (3d Cir., Oct. 1, 2014), Defendants challenged the warrantless tracking by FBI agents via a GPS device. The agents installed the device onto...
View ArticleCircuit Court grants habeas petition, finding trial counsel provided...
United States v. Bui, No. 11-3795, 2014 WL 5315061 (October 20, 2014)Dung Bui was indicted on the following four drug counts: (1) conspiracy to manufacture more than 1,000 marijuana plants, in...
View ArticleExclusionary rule does not apply when agents executing an otherwise valid...
U.S. v. Franz, No. 13-2406, 2014 WL 5565457 (3dCir. Nov. 4, 2014)A police officer executing an otherwise valid search warrant failed to provide the list of items sought to the homeowner. Although it...
View ArticleDelay in presentment in pursuit of cooperation was unreasonable. Defendant's...
In United States v. Thompson, 13-1874, the Third Circuit Court of Appeals affirmed the district court's denial of Mr. Thompson's motion to suppress fruits of an unlawful search, but reversed the...
View ArticlePassenger has no expectation of privacy in a car that isn’t his and in which...
United States v.Burnett, 14-1288, 2014 WL 6463173 (3d Cir. Dec. 2, 2014).After an unsuccessful motion to suppress, Burnett went to trial and was convicted of robbing a jewelry store at gunpoint. At...
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Manager of Medicare/Medicaid Provider Properly Received Sentencing Adjustment...
In United States v. Ashokkumar R. Babaria, ___F.3d ___, No. 14-2694 (3d Cir. 12/31/14), Dr. Babaria pled guilty to 42 U.S.C. §1320a-7b(b)(2)(A) for making kickbacks to physicians in order to obtain...
View ArticleStriking Recommendation from Plea Doesn't Preclude Government from Arguing...
In United States v. Davenport, No. 13-3644, --- F.3d ---, 2014 WL 64698 (3d Cir. Jan. 6, 2015), the Court affirmed denial of 2255 relief in a case involving a question of breach of plea agreement. The...
View ArticleInterlocutory Appeal Dismissed for Lack of Jurisdiction Because Preclusion of...
United States v. Wright, Nos. 13-1766, 1767, 1768, -- F.3d --, 2015 WL 106198 (3d Cir. Jan. 8, 2015). In an earlier iteration, United States v. Wright, 665 F.3d 560 (3d Cir. 2012), the Court vacated...
View ArticleSecurities Fraud: Irrevocable Liability Establishes the Locus of a Securities...
In United States v. Georgiou, Nos. 10-4774, 11-4587, and 12-2077, the Third Circuit upheld the defendant’s securities fraud, wire fraud, and conspiracy convictions against a host of legal challenges....
View ArticlePanel's Appellate-Waiver Decision Draws Sharp Criticism from Colleagues
The Court yesterday published a four-judge dissent from the denial of en banc review in what was arguably last year’s most important decision for criminal law practitioners — and certainly the most...
View ArticleSupervised release provision requiring warrant or summons to issue before...
United States v. Merlino, No. 14-4341, 2015 WL 2059594 (3d Cir. May 5, 2015). In this appeal, involving the reputed former head of the Philadelphia La Cosa Nostra, the Court decided that 18 U.S.C. §...
View ArticleFifth Amendment Privilege Against Self-Incrimination Inapplicable to...
In In re: In the Matter of the Grand Jury Empaneled on May9, 2014, 2015 WL 2262650, No. 15-1264 (3d Cir., May 15, 2015), a clinical blood laboratory in New Jersey had been charged with bribing area...
View ArticleProsecutorial Conduct, Response to Jury's Request and Evidentiary and...
In United States v. Kolodesh, No. 14-2904 (3d. Cir. May 28, 2015), the Third Circuit affirmed the district court’s sentence of 176 months’ imprisonment, three years supervised release, and an order for...
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Officers did not have reasonable suspicion at the moment of seizure.In United States v. Shawn Lowe, No. 14-1108, ___ F.3d. ___, 2015 WL 4032921 (3d. Cir. July 2, 2015), the Third Circuit reversed the...
View ArticleCourt Clarifies Mental State Requirement for 'Color of Official Right'...
In United States v.Fountain, Nos. 13-3023 &c., the Court finds occasion to clarify the elements of extortion under “color of official right” within the meaning of the Hobbs Act, 18 U.S.C. § 1951....
View ArticleDoyle Error Not Harmless in Credibility Contest Between Cooperator and Accused
In United States v.Jace Edwards, No. 14-4088, the Court remands for a new trial following the government's concession that the trial prosecutor had violated the constitutional rule of Doyle v. Ohio,...
View ArticleMartinez v. Ryan does not apply to excuse procedural default caused by...
In Norris v. Brooks,No. 13-4448, the Court addressed a Rule 60(b) motion filed by a 2254 habeas petitioner who claimed that the case of Martinez v. Ryan, 132 S.Ct. 1309 (2012), called for the reopening...
View ArticleHabeas relief affirmed: government concedes unreliable fire-science and...
In Han Lee v. Superintendent Houtzdale SCI, the Third Circuit affirmed habeas relief (under 28 U.S.C. § 2254) granted to a father who spent 24 years in prison for allegedly setting a fire that killed...
View ArticleCourt examines White v. Woodall, reaffirms grant of habeas relief due to...
Washington v. Secretary, No. 12-2883, 2015 WL 5103330 (3d Cir. Sept. 1, 2015), In an opinion by Judge Fisher, the panel reaffirms its earlier decision granting habeas relief because of a...
View Article“Innocent Round Trip” Exception Not Applicable to Violation of 18 U.S.C. §...
In United States v. Schneider, Nos. 12-1145 and 13-1491, 2015 WL 5235131 (3dCir., Sept. 9, 2015), Defendant was charged with one count of traveling in foreign commerce for the purpose of engaging in...
View ArticleCourt denies suppression challenge, finding shareholder and corporate...
In a matter of first impression, the Court, in United States v. Nagle, Nos. 14-3184, 14-3422 (3d Cir. Sept. 30, 2015), held that defendant, a shareholder and corporate executive, did not have a...
View ArticleUnited States v. Doe, No. 13-4274, Opinion Published Then Vacated.
This case concerns an appeal from the denial of a 28 U.S.C. §2255 motion filed in 2012 and a request to reopen a separate §2255 motion filed in 2008. Petitioner was sentenced in federal court in 2003,...
View ArticleCross-examination of Allocution is Plain Error
In United States v. Moreno, No. 14-1568, 2016 WL 53796 (3d Cir., Jan. 5, 2016), Defendant was charged with wire fraud conspiracy, in violation of 18 U.S.C. §§ 1343, 1349 and 2, for his participation...
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