by Marc Neff
No Crack Reduction for Career Offenders Even if Sentence is Based On the Crack Range
In United States v. Ware, 2012 WL 4216831 (3d Cir. Sept. 21, 2012) Defendants, each designated career offenders, were ultimately sentenced based on the federal crack cocaine guidelines through a variance and a departure. Each moved for sentence reductions under 18 U.S.C. § 3582(c)(2), based on the amended crack cocaine guidelines implementing the Fair Sentencing Act of 2010. In the first case,...
by Marc Neff
Court Finds Proof of Witness Tampering Insufficient
In U.S. v. Shavers, No. 10-2790 (Aug. 27, 2012), the Court of Appeals for the Third Circuit considered the defendants’ Hobbs Act and witness tampering convictions, arising out of the robbery of a “speak-easy” in Philadelphia. On the Hobbs Act counts, the defendants had argued that the government failed to show a “substantial effect” on interstate commerce. The Court...
by Marc Neff
Sentence Procedurally Unreasonable Where Court Failed to Address Variance Argument
In United States v. Begin, 2012 WL 4784362 (3d Cir. Oct. 9, 2012), Defendant Begin appealed from his 240-month sentence for using the Internet and a cellular phone to “attempt to persuade a minor to engage in any sexual activity for which a person can be charged”. Begin pled guilty and was sentenced to 240 months’ imprisonment, representing a 30-month upward departure from...
by Marc Neff
Unprovoked Flight, Without More, Cannot Elevate Reasonable Suspicion to Detain and Investigate into the Probable Cause Required for an Arrest
In United States v. Navedo, No. 11-3413 (3d Cir. Sept. 12, 2012), Defendant appealed the United States District Court for the District of New Jersey’s denial of a motion to suppress weapons that police discovered in his home after a warrantless arrest. He argued that he was detained without reasonable suspicion or probable cause to arrest and that the weapons that were subsequently...
by Marc Neff
Second Circuit Holds that Certain Acts Involving Children are not Relevant Conduct for Sentencing Purposes
In U.S. v. Wernick, No. 10-2974 (2d Cir. August 8, 2012), Defendant was convicted by jury in the United States District Court for the Eastern District of New York on five counts of receiving and distributing child pornography, reproducing child pornography for distribution by computer, possessing materials containing images of child pornography, and persuading, inducing, and enticing minors to...
by Marc Neff
Third Circuit Holds that Trial Judge Should Have Reviewed Video Evidence in Child Pornography Case Before Allowing Submission of the Tapes to the Jury
In U.S. v. David L. Cunningham, No. 10-4021 (3d Cir. Sept. 18, 2012), Defendant Cunningham was charged with receiving, possessing, and distributing child pornography. After a jury trial, Cunningham was sentenced to 210 months in prison and 20 years of supervised release for the receipt and distribution of child pornography. Before the jury trial, Cunningham attempted to prevent certain,...
by Marc Neff
Third Circuit Rules Unlicensed Distribution of Prescription Drugs Not an “Aggravated Felony”
In Borrome v. Attorney General, 2012 U.S. App. LEXIS 14676, Petitioner Borrome was an immigrant from the Dominican Republic, who, since August 1996 had been a lawful permanent resident of the United States. Following his conviction under a federal indictment alleging the distribution of prescription drugs including Oxycontin, an immigration judge (IJ) ordered Borrome removed. On the...
by Marc Neff
If Police Prevent Your Car From Legally Moving, They Have Seized You
In United States v. Jones, 678 F.3d 293; 2012 U.S. App. LEXIS 9513, Defendant Frederick Jones was convicted of one count of possession of a firearm by an unlawful user of controlled substances, in violation of 18 U.S.C.S. § 922(g)(3), and the U.S. District Court for the Eastern District of Virginia sentenced him to 41 months’ imprisonment and a 3-year term of supervised release....
by Marc Neff
Fourth Circuit Holds that Money Laundering Applies to the Profits of Crime, Not the Expenses
In United States v. Cloud, 680 F.3d 396; 2012 U.S. App. LEXIS 10946, The United States Court of Appeals for the Fourth Circuit reversed Defendant William Roosevelt Cloud’s money laundering convictions, applying State v. Santos, 553 U.S. 507 (2008). Cloud’s convictions all stemmed from a complex mortgage-fraud scheme in which Cloud would dupe buyers with good credit into purchasing property as...
by Marc Neff