by Marc Neff
Downward Departure from Sentencing Guidelines Must Result in Final Sentence Below the Original Guideline
A recent precedential case, decided by the United States Court of Appeals for the Third Circuit, held that a downward departure from the sentencing guidelines must result in a final sentence, less than the minimum provided by the guideline. The case of U.S. v. Vazquez-Lebron involved a Defendant who had pled guilty to conspiracy to possess and intent to distribute cocaine. For his...
by Marc Neff
Sixth Circuit US Court of Appeals Holds Inevitable Discovery Doctrine Does Not Allow for Circumvention of Warrant Requirement
The United States Court of Appeals for the Sixth Circuit recently reversed a District Court decision which denied a motion to suppress evidence seized without a warrant. The case, U.S. v. Quinney, involved a U.S. Secret Service investigation for the counterfeiting of American currency. Agents from the Secret Service arrived at the Defendant’s residence and obtained consent to search the...
by Marc Neff
Superior Court of New Jersey Denies Motion for Summary Judgment, Finds Employer could be Liable for Employee’s Use of Work Computer to Send and View Child Pornography
In a recent appeal, challenging a motion for summary judgment which had initially been granted, the Superior Court of New Jersey reversed the motion finding an employer can potentially be held liable where an employee uses a work computer for child pornography purposes. The employee in question had photographed and videotaped his ten-year old step-daughter nude, subsequently posting the...
by Marc Neff
United States Court of Appeals Rules Delaware’ Sports Betting Plan Violates Federal Law
A plan which would have allowed single-game betting on all major sporting events at Delaware’s three racetrack betting locations, beginning September 1st, was not allowed to take effect. The United States Court of Appeals for the Third Circuit ruled the plan a violation of a 1992 Federal Law. The Professional and Amateur Sports Protection Act of 1992 outlawed sports betting nationwide, with...
by Marc Neff
Supreme Court of the United States Holds Using Cellular Telephones to Arrange Misdemeanor Drug Purchases Does Not Constitute Facilitation
A case decided in the Supreme Court of the United States this past summer has held the use of cellular telephones between buyer and seller, to make misdemeanor drug purchases, does not constitute facilitating under United States statue; facilitation would otherwise constitute a felony. Federal Investigators suspected a man of trafficking and/or dealing drugs, and subsequently obtained a...
by Marc Neff
Superior Court of Pennsylvania Upholds Suppression Order Under Pennsylvania’s Wiretap Act
A recent appellate decision affirmed a suppression of evidence order, granted due to a governmental violation of Pennsylvania’s Wiretap Act. Pennsylvania’s Wiretap Act criminalizes the intentional interception of wire, electronic, and oral communications and prohibits the use of any communication derived from such an interception. Accordingly, Police must strictly comply with the...
by Marc Neff
Commonwealth Court of Pennsylvania Holds Police Must Have Reasonable Suspicion of Intoxication In Order for Implied Consent Violation to Carry Suspension
The Commonwealth Court of Pennsylvania recently affirmed a Common Pleas decision in favor of a suspected drunk driver, on appeal by the Department of Transportation, Bureau of Driver Licensing. Police were called to the seen of a single-car accident in the early morning hours of August 28, 2007. The driver was found by an arriving officer, sitting on the curb next to his overturned vehicle...
by Marc Neff
Superior Court of Pennsylvania Rules the State Carries the Burden of Proof in Expungement Hearings
An expungement proceeding is held when a subject of a prior criminal proceeding seeks to have the earlier records sealed or destroyed. An expungement differs from a pardon, in that a conviction is not merely forgiven but rather treated as though it never occurred. There are often conditions which must be satisfied in order to successfully expunge one’s record. Although an expungement...
by Marc Neff
Third Circuit Court of Appeals Holds Use of an Adult Intermediary for Purposes of Child Pornography Constitutes Attempt under United States Statute
A recent Third Circuit decision set a precedent that using an adult intermediary, to plan sexual encounters with a minor, constitutes attempted enticement of a minor and violates 18 U.S.C. §2422(b). The relevant portion of the statute reads that whoever uses means of interstate commerce to knowingly persuade, induce, entice, or coerce a minor to engage in sexual activity that is illegal, or...
by Marc Neff