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Criminal Law

Third Circuit Blog

Commentary and summaries of cases before the Philadelphia-based 3rd U.S. Circuit Court of Appeals.
By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

Post Frequency: 0.6/day

Last Entry: June 28, 2019 at 11:33:00

Court of Appeals joins eight other Circuit Courts in finding legal innocence to be a valid basis for motion to withdraw guilty plea. But in doing so, affirms denial of motion because there was no credible evidence presented of innocence. Assertions alone are insufficient.

Posted on June 28, 2019
In United States v. James, No. 18-2569 (June 27, 2019), the Court of Appeals, through an opinion by Judge Jordan, affirmed the denial of defendant's motion to withdraw his guilty plea. The defendant was charged with two drug counts. Pursuant to a plea agreement he entered a guilty plea...

Officer's pre-Miranda comment to defendant that his girlfriend would also be charged criminally was not the functional equivalent of interrogation which would warrant suppression of defendant's inculpatory response.

Posted on June 26, 2019
In United States v. Tyrone Greene, (No.18-2923)(June 25, 2019) the Court of Appeals through an opinion by Judge Hardiman affirmed the denial of the defendant's motion to suppression of evidence.Greene and his girlfriend driving a van which was stopped for operating without headlights on...

Mandatory Consecutive Sentence for Aggravated Identity Theft Does Not Foreclose Enhancement of Underlying Sentence for Use of Device-Making Equipment in Stealing IDs

Posted on June 25, 2019
In United States v. A.M., No. 18-1120 (June 20, 2019), the Court holds that defendants subject to a mandatory two-year prison sentence for aggravated identity theft may still face enhancement of their Sentencing Guidelines range on other counts based on conduct relating to the identity theft...

Sixth Amendment Speedy Trial Right not Triggered by Inmate?s Placement in Administrative Segregation for Investigation of New Crime

Posted on May 20, 2019
In United States v. James Bailey-Snyder, No. 18-1601 (3d Cir., May 3, 2019), Defendant, an inmate at FCI Schuylkill, was under investigation for weapon possession at the prison. During a search, prison guards discovered a seven-inch shank on Defendant?s person...

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Hobbs Act Robbery is Crime of Violence under 18 U.S.C. � 924(c), but Not Crime of Violence under the Career-Offender Guideline U.S.S.G. � 4B1.2

Posted on May 20, 2019
In United States v. Raul Rodriguez, Nos. 18-1606 and 18-1664 (3d Cir., May 1, 2019), Defendant pled guilty one count each of Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. �� 1951(a) and 924(c)...

Drug Quantity Proof / Evidence at Sentencing

Posted on April 02, 2019
In United States v. Rowe, No. 18-1192 (Apr. 2, 2019), the Third Circuit vacated the defendant's conviction for distribution and possession with intent to distribute 1,000 grams of heroin because the evidence at trial was insufficient to establish the requisite drug quantity...

Jurisdiction of the Virgin Island District Courts / Limitation on cross based on Rule 403

Posted on March 09, 2019
Ayala was convicted in the District Court of the Virgin Islands of federal Hobbs Act robbery and conspiracy, use of a firearm during the commission of the crime of violence, and Virgin Islands first degree robbery. At trial, the evidence showed that on August 19, 2015, a jewelry store on St...

Excludable time for competency determination under STA does not automatically include delay for transportation beyond ten days; delay in transport found unreasonable and therefore not excludable.

Posted on March 09, 2019
On January 28, 2014, Williams was charged by information with federal and VI firearms offenses. Prior to arraignment, Williams's counsel filed a motion for a hearing to determine Williams?s mental competency pursuant to 18 U.S.C. � 4241(a). The Government subsequently filed its own motion for a hearing to determine competency...

District Court?s sua sponte continuance did not validly exclude time under STA

Posted on March 08, 2019
Following his conviction for wire fraud and aggravated identity theft, Reese appealed his conviction, in part based on a claim that his trial took place beyond the 70-day Speedy Trial Act time limit. The Circuit here agreed and vacated the -conviction...

Good Faith Exception Applies to pre-Carpenter Seizures of Cell Site Location Information (CSLI) Under the Stored Communications Act (SCA).

Posted on March 06, 2019
Appellant Jay Goldstein had moved to suppress cell site location information (CSLI), in the District Court, arguing a violation of his Fourth Amendment rights because the information was obtained without a warrant...

Failure to postpone sentencing contravened the principles underlying the right to allocution, codified in Fed.R. Crim. P. 32(i)(4)(A)

Posted on February 10, 2019
In United States v. Chapman, Appeal No. 17-1656 (Feb. 7, 2019), https://www2.ca3.uscourts.gov/opinarch/171656p.pdf, the Third Circuit vacated a criminal sentence because the District Court had failed to postpone the sentencing hearing. Chapman?s lawyer did not notify Chapman of the court date, and so, on the day of sentencing, Chapman asked the District Court to give him at least a week to collect letters from his family...

924(e)?s definition of ?serious drug offense? (ACCA) encompasses attempt, and the attempt and accomplice provisions of Pennsylvania?s possession with intent to distribute statute, 35 Pa. Stat. Ann � 780-113(a)(30), are co-extensive with federal law for purposes of the categorical approach

Posted on February 10, 2019
In United States v. Daniels, Appeal No. 17-3503 (Feb. 7, 2019), https://www2.ca3.uscourts.gov/opinarch/173503p.pdf, the Third Circuit affirmed a 15-year mandatory minimum sentence under ACCA, 18 U.S.C. � 924(e)( 2)(A)(ii), based on Daniels?s three Pennsylvania convictions for possession with intent to distribute, 35 Pa...

A defendant cannot be criminally liable for conspiring with a government informant

Posted on February 10, 2019
In United States v. Garner, Appeal No. 17-1181 (Feb. 8, 2019), https://www2.ca3.uscourts.gov/opinarch/171181p.pdf, the Third Circuit found sufficient evidence to affirm Garner?s convictions for conspiracy to commit armed bank robber, attempted bank robbery, and possession of a firearm in furtherance of a crime of violence...

Gun suppressed for lack of reasonable suspicion despite match in clothing and race between fleeing suspect and man stopped nearby

Posted on December 23, 2018
In United States v.Bey, No. 17-2945 (Dec. 21, 2018), the Court reverses the denial of a motion to suppress, holding that while officers acted within the authority conferred by Terry v. Ohio in initially ordering the defendant to stop, his continued detention became unreasonable once officers ?had a good look at his face and features,? which differed significantly from the description of the suspect under pursuit...

Challenges to anonymous tip and ?career offender? designation fall short

Posted on December 19, 2018
In United States v.McCants, No. 17-3103 (Dec. 18, 2018), the Court rejects a Fourth Amendment challenge to a stop and frisk predicated on an anonymous tip and upholds application of the Sentencing Guidelines? ?career offender? enhancement based on prior New Jersey robbery convictions...

Bridgegate Defendants: Court upholds wire fraud, and theft or bribery concerning programs receiving federal funds convictions, reverses deprivation of civil rights convictions.

Posted on December 04, 2018
U.S. v. Baroni, 17-1817, 2018 WL 6175668 (3d Cir. Nov. 27, 2018)Defendants Baroni and Kelly were charged with conspiracy to obtain by fraud, knowingly convert, or intentionally misapply property of an organization receiving federal benefits, 18 U.S.C...

Circuit affirms denial of motion to suppress, but finds "possession in connection with another felony" enhancement applied in error

Posted on December 04, 2018
U.S. v. Hester, No. 16-3570, 2018 WL 6259314 (3d Cir. Nov. 30, 2018)In this felon-in-possession of a firearm case, the Third Circuit affirmed the denial of a motion to suppress, but held that application of a sentencing enhancement for possession in connection with another felony was erroneous...

Complete ban on computer and internet use not sufficiently tailored to the risks of the defendant and violated First Amendment norms.

Posted on October 15, 2018
In United States v. Holena, 2018 WL 4905748 (Oct. 10, 2018), http://www2.ca3.uscourts.gov/opinarch/173537p.pdf, the Third Circuit vacated a total ban on computer and internet use as a special condition of supervision for a defendant who had been convicted of using the internet to entice a child to have sex...

Third Circuit sets standard for granting an evidentiary hearing when moving for new trial based on newly discovered evidence and considers extent to which the Confrontation Clause entitles defendant to cross-examine government witnesses regarding cooperation agreements

Posted on October 03, 2018
A defendant's appeal after trial for drug trafficking provided the Third Circuit with the opportunity to clarify its limitations on cross-examination of government cooperators and its standard for granting an evidentiary hearing when a defendant moves for a new trial based on newly discovered evidence...

Sentence reduction relief unavailable where a statutory maximum displaces defendant's Guidelines range

Posted on October 03, 2018
Applying the Supreme Court's reasoning in Koons v. United States, 138 S.Ct. 1783 (2018), the Third Circuit, in United States v. Rivera-Cruz, Appeal No. 17-3448 (Sept. 24, 2018), ruled that a defendant is ineligible for a sentence reduction under 18 U...

Court upholds suppression based on Rodriguez

Posted on August 31, 2018
In United States v. Clark, 17-2739 the Court of Appeals held a traffic stop was impermissibly extended in violation of the Supreme Court's holding in Rodriguez v. United States, 135 S.Ct. 1609 (2015).In Clark the defendant was a passenger in a vehicle pulled over for several traffic violations, including driving without headlights at night...

Court Rejects 2013 Precedent Granting Habeas Relief, Holds Confrontation Clause Not Violated

Posted on August 27, 2018
In Mitchell v. Superintendent Dallas SCI, No. 17-3118 (Aug. 23, 2018), the Court upholds the denial of relief to a habeas petitioner whose codefendant had prevailed on the very same claim in 2013. At issue was the admission of a third defendant?s out-of-court statements admitting his involvement in a robbery and murder for which all three were on trial, and claiming that the homicide was ?the other two?s idea...

Convictions Affirmed in Prosecution that Took Down Philadelphia Traffic Court

Posted on August 27, 2018
In a decision resolving six consolidated appeals beginning with United States v. William Hird, No. 14-4754, the Court revisits the venerable question of what constitutes a scheme to obtain ?money or property? within the meaning of the mail and wire fraud statutes at 18 U...

'Serious Bodily Injury' Agg Assault Held Not to Qualify as ACCA Predicate

Posted on August 23, 2018
In United States v. Anthony Mayo, No. 16-4282 (Aug. 22, 2018), the Court holds that first-degree aggravated assault in violation of Section 2702(a)(1) of Pennsylvania?s Crimes Code does not qualify as a predicate ?violent felony? for purposes of the 15-year mandatory minimum provided by the Armed Career Criminal Act...

Prosecutorial misconduct of systematically injecting inadmissible evidence into child pornography trial was plain but did not warrant reversal; application of obstruction of justice enhancement erroneous and warranted remand for resentencing, even where district court imposed a downward variance

Posted on June 22, 2018
United States v. Welshans, Appeal No. 16-4106 (3d Cir. June 14, 2018), 2018 WL 2976804Welshans challenged his conviction and sentence for distribution and possession of child pornography. The Third Circuit rejected Welshans's argument that the prosecution violated his due process right to a fair trial by informing the jury that the files on his computer included deeply abhorrent videos and images of bestiality, bondage, and violent sexual assault of very young children...

Borrower of rental car generally lacks expectation of privacy in that rental car.

Posted on March 28, 2011
In United States v. Kennedy, No. 09-1980 (March 16, 2011), the Third Circuit affirmed the denial of a suppression motion by a driver of a rental car that was not rented in his name. Police had arrested defendant Kennedy on an outstanding warrant, and searching a nearby rental car that he had borrowed from his girlfriend ? the authorized driver ? police found guns and drugs inside the car...

Writ of Mandamus issues when District Court refuses to instruct jury on all elements of charged offense.

Posted on March 28, 2011
While reiterating its general rule that mandamus is ?a drastic remedy that is seldom issued and its use is discouraged,? the Third Circuit nevertheless found ?the kind of extraordinary situation in which we are empowered to issue the writ of mandamus,? in United States v...

Court rejects Second Amendment challenges to 18 U.S.C. � 922(g)(1)

Posted on March 07, 2011
Defendant James Barton entered a conditional guilty plea to two counts of being a felon-in-possession of a firearm and ammunition, in violation of 18 U.S.C. � 922(g)(1), reserving the right to argue on appeal that those convictions violated his Second Amendment right to keep and bear arms...

Search warrant affidavit sufficient to establish probable cause in child pornography case despite deficiencies

Posted on March 03, 2011
In United States v. Miknevich, 09-3059 (March 1, 2011), the Third Circuit was asked to determine whether an affidavit prepared by a law enforcement officer in child pornography case supported the district court's finding of probable cause. Defendant was charged with possession of child pornography after police executed a search warrant at his home and seized his computer...

State Court Unreasonably Denied Brady Relief for Commonwealth?s Concealment of Evidence

Posted on February 15, 2011
In Lambert v. Beard, ___ F.3d ___, 2011 WL 353209 (3d Cir. Feb. 7, 2011), Judge Barry authored the panel opinion granting guilt-innocence phase relief in this 1984 Philadelphia capital case. The state?s star witness, Jackson, who initially was identified as one of the shooters in a barroom robbery-murder, identified petitioner as one of two robbers who entered the bar while Jackson waited in the getaway car...

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