News/Blog
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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…
December 26, 2012 -
What You “Need to Know” to Help Make Meth
In United States v. Munguia, 2012 U.S. App. LEXIS 24294 (9th Cir. Nov. 27, 2012), Appellant was charged with drug conspiracy and possession. She was alleged to have purchased a significant amount…
December 21, 2012 -
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…
December 19, 2012 -
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…
December 12, 2012 -
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…
December 7, 2012 -
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…
December 4, 2012 -
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…
October 16, 2012 -
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…
October 11, 2012 -
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…
October 8, 2012 -
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…
September 17, 2012