by Marc Neff
Court Grants Motion to Suppress Based on Warrantless Search Where No Exigent Circumstances Existed
In United States v. Delgado, 2012 U.S. App. LEXIS 24549 (7th Cir. Nov. 29, 2012), Appellant’s convictions for being a felon in possession of a firearm and possession of an unregistered firearm were the result of police officers’ warrantless search of his apartment. On December 29, 2010, a Milwaukee police officer responding to a report of gunshots near the 1900 block of South 12th...
by Marc Neff
Maximum Term on Revocation of Supervised Release Is Based on Class of Underlying Felony at the Time of the Offense
In United States v. Turlington, 2012 WL 4237611 (3d Cir. Sept. 21, 2012), defendant’s conviction for conspiring to distribute more than 50 grams of cocaine base was a class A felony, permitting up to five years of imprisonment on revocation of supervised release pursuant to 18 U.S.C.A. § 3583(e)(3). In 2004, he was sentenced by the District Court of the Third Circuit to eighty-four...
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
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
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
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
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
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