by Marc Neff
Eighth Circuit Finds That Two Nearly Simultaneous Drug Sales Are One Offense for Sentencing Purposes
In United States v. Willoughby, 653 F.3d 738 (8th. Cir. 2011), Defendant Willoughby appealed from the United States District Court for the Western District of Missouri, which designated him an armed career criminal under the Armed Career Criminals Act (ACCA), 18 U.S.C.S. § 924(e) and sentenced him to the ACCA’s mandatory minimum sentence of 15 years’ imprisonment. The presentence...
by Marc Neff
Child Pornography Sentence Vacated
In United States v. Inman, 666 F.3d 1001; 2012 U.S. App. LEXIS 1394, The United States Court of Appeals for the Sixth Circuit vacated the sentence of defendant Brandon Inman, a federal prisoner who pleaded guilty to possession of child pornography. Inman appealed from The United States District Court for the Eastern District of Kentucky’s judgment imposing lifetime supervised release and...
by Marc Neff
Pennsylvania Court Considers the Standard of Proof Required for Online Child Abuse Registry
In G.V. v. Department of Public Welfare, Caregiver G.V. appealed the order of the Pennsylvania Department of Public Welfare (DPW), Bureau of Hearings and Appeals’, which adopted an administrative law judge’s recommendation denying petitioner’s appeal and his request to have a child abuse report against him expunged under the Child Protective Services Law, 23 Pa.C.S. §§...
by Marc Neff
Court of Appeals for the Third Circuit Upholds Defendant’s Classification as a “Career Offender”
In U.S. v. Marrero, No. 11-2351 2012 U.S. App. LEXIS 8386, Defendant Ricardo Marrero appealed his judgment of sentence after pleading guilty to two counts of bank robbery. Marrero claimed the District Court erred in classifying him as a “career offender” under § 4B1.1 of the United States Sentencing Guidelines, arguing that under Pennsylvania law neither his prior third-degree...
by Marc Neff
5th Circuit Increases Defendant’s Sentence for “Importation” of Narcotics in Routine Distribution Case
In U.S. v. Rodriguez, 666 F.3d 944; 2012 U.S. App. LEXIS 202, Defendant Melanie Marie Rodriguez pled guilty to possession with intent to distribute more than fifty grams of a mixture and substance containing methamphetamine in violation of 21 U.S.C.S. § 841(a)(1) and (b)(1)(B). The United States District Court for the Northern District of Texas sentenced defendant to 180 months’...
by Marc Neff
3rd Circuit Rules That Tip From Reliable Source Plus Dark Window Tint Does Not Provide Reasonable Suspicion to Stop and Search a Vehicle
The Court of Appeals for the Third Circuit recently handed down a significant decision concerning evidence suppression in U.S. v. Lewis. After receiving a tip from a reliable source that individuals in a white Toyota Camry were carrying firearms, police officers in St. Thomas, Virgin Islands initiated a traffic stop of the vehicle. During the traffic stop, a firearm was discovered on the...
by Marc Neff
New Jersey Residents Do Not Give Up Their Expectation of Privacy When Hosting Large House Parties – Even When Violating Noise Ordinances
In New Jersey v. Kaltner, the Supreme Court of New Jersey held that a trial court correctly suppressed drug evidence found in a bedroom during a warrantless search of a residence by police officers who were responding to noise complaints. On October 22, 2009, housemates of defendant Derek J. Kaltner hosted a party in the home they rented in Long Branch, New Jersey. Five Long Branch police...
by Marc Neff
Child Pornography Legal To View Online In New York – Court Rules That Looking At Porn Doesn’t Mean Possession
In The People v. James D. Kent, 2012 NY Slip Op 3572, the Court of Appeals of New York reversed Defendant Kent’s conviction for possession of child pornography as to counts relating to pornographic images he did not download or otherwise manipulate or control. On May 26, 2005, defendant James D. Kent, a professor of public administration at a Dutchess County college, received a new office...
by Marc Neff
Third Circuit Rules that Federal Sentencing Enhancement for Possessing a Firearm While Committing A Felony Applies – Even When the Felony is the Burglary of the Same Firearm
In United States v. Keller, 666 F.3d 103 (3d Cir. 2011), the prosecution appealed a decision of the United States District Court for the Western District of Pennsylvania, which found that a sentencing enhancement under U.S. Sentencing Guidelines Manual § 2K2.1(b)(6) did not apply to defendant’s conduct. This enhancement increases a defendant’s offense level by four points when he...
by Marc Neff