Justia U.S. 3rd Circuit Court of Appeals Opinion Summaries

In consolidated appeals, the government challenged the sentences given to Campbell, one year plus one day for possession of guns and ammunition as a felon, 18 U.S.C. 922(g), and Yusuf, 30 months for conspiracy to commit wire fraud, 18 U.S.C. 1349, and aggravated identity theft, section 1028A(a)(1). Each pled guilty and agreed not to argue for a sentence outside the range recommended by the Sentencing Guidelines. The government contends that both defendants breached their plea agreements by actually seeking sentences below the guidelines-recommended ranges.The Third Circuit vacated the sentences. Although courts must give both defense counsel and the defendant an opportunity to speak before imposing a sentence, Rule 32(i) does not give defendants license to disavow their obligations under a plea agreement. The defendants affirmatively advocated for sentences below the agreed-upon guidelines range. The court also rejected Campbell's claim that evidence discovered during the traffic stop leading to his arrest should have been suppressed under the Fourth Amendment; the police officer involved was justified in stopping Campbell’s vehicle and did not impermissibly extend the duration of the stop. View "United States v. Yusuf" on Justia Law

Counterman entered a plea of guilty to possession with intent to distribute in excess of 50 grams of methamphetamine, money laundering, and aiding and abetting. His contemporaneously-filed plea agreement stated that the possession charge carried a mandatory minimum period of imprisonment of 20 years. The government subsequently submitted an “Information of Prior Convictions” under 21 U.S.C. 851(a), which resulted in the imposition of an enhanced sentence of 144 months.The Third Circuit vacated. Under 21 U.S.C. 851(a)(1), no person convicted of Counterman's drug offense "shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the United States attorney files an information with the court . . . stating in writing the previous convictions to be relied upon.” The court rejected arguments that Counterman received actual notice of the enhancement and that the sentence imposed falls within the pre-enhancement range contemplated by statute and the Sentencing Guidelines. The filing of a 21 U.S.C. 851(a)(1) information is mandatory. Counterman, without actual notice of the government’s intent to rely on a particular prior conviction for an enhancement and the attendant opportunity to contest it, waived his trial rights. The error affected Counterman’s substantial rights and the fundamental fairness of the proceeding. View "United States v. Counterman" on Justia Law

While Walker waited in a car, two of his accomplices robbed a house, one holding a 12-year-old boy at gunpoint. All of Walker’s codefendants pleaded guilty. A jury convicted Walker of conspiracy to commit Hobbs Act robbery, 18 U.S.C. 1951(a), attempted Hobbs Act robbery, and using and carrying a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c). Walker was sentenced to a combined 72 months’ imprisonment on the conspiracy and attempt counts and a consecutive term of 60 months for the section 924(c) count.On rehearing following the Supreme Court’s 2019 decision, United States v. Davis, the Third Circuit affirmed. Attempted Hobbs Act robbery is categorically a crime of violence under the “elements” clause of section 924(c). The court rejected Walker’s argument that his conviction must be vacated because a person can be convicted for attempted Hobbs Act robbery based on nothing more than an intent to complete the robbery and a non-violent substantial step, without actually committing a violent act and with only the intent to do so. View "United States v. Walker" on Justia Law

Prophet pleaded guilty to possessing child pornography, 18 U.S.C. 2252(a)(4) and 11 counts of receipt of child pornography, section 2252(a)(2). The court applied a two-level enhancement for distribution (U.S.S.G. 2G2.2(b)(3)(F)) based on Prophet’s use of LimeWire, a peer-to-peer file-sharing network. Prophet maintained that he did not know that LimeWire made his files available to other users. The court noted that “distribution” “is not restricted to acts with intent only,” and sentenced Prophet to 168 months’ imprisonment plus 15 years of supervised release. The Third Circuit affirmed. Prophet moved to vacate his sentence in 2015 based on a Third Circuit holding that the offense of distribution of child pornography under section 2252(a)(2) based on the use of a peer-to-peer network requires evidence that another person accessed the material. The Third Circuit affirmed the denial of the petition.Prophet subsequently challenged the application of a two-point Guidelines enhancement for distribution of child pornography, citing 2016’s U.S.S.G. Amendment 801, limiting the enhancement to those who “knowingly engaged in distribution.” The Third Circuit again denied relief. Amendment 801 is not a clarifying amendment that can be raised and retroactively applied under 28 U.S.C. 2255. The court noted that Prophet was released from prison in 2019 and is now serving supervised release. View "United States v. Prophet" on Justia Law

Aguirre-Miron pleaded guilty to child-pornography offenses: three counts of production, 18 U.S.C. 2251(a), (e); one count of receipt, 18 U.S.C. 2252(a)(2), (b)(1); and one count of possession, 18 U.S.C. 2252(a)(4)(B), (b)(2). The district court adopted the calculations from the PSR. The Sentencing Guidelines require the grouping of certain closely related counts. The PSR grouped Aguirre-Miron’s receipt and possession counts but did not group Aguirre-Miron’s production counts; nor did it group the production counts with the receipt and possession counts. It listed four groups of offenses, determined that the offense level for the production counts was 38 and the offense level for the receipt and possession counts was 40, including a five-level enhancement under U.S.S.G. 2G2.2(b)(5) because Aguirre-Miron “engaged in a pattern of activity involving the sexual abuse or exploitation of a minor” when he produced child pornography. With Aguirre-Miron’s combined offense level and other enhancements and reductions, the PSR offense level was capped by the Sentencing Guidelines at 43. The resulting Guidelines sentence was 130 years’ imprisonment.The court granted a downward variance, which produced a Guidelines range of 360 months to life imprisonment and sentenced Aguirre-Miron to 360 months’ imprisonment. The Third Circuit vacated, holding that the court miscalculated the Sentencing Guidelines range by not grouping the production counts with the receipt and possession counts under U.S.S.G. 3D1.2(c), which was a plain error that affected Aguirre-Miron’s substantial rights. View "United States v. Aguirre-Miron" on Justia Law

Attorney Smukler ran political campaigns for 30 years and developed expertise with Federal Election Commission law. In 2012, U.S. Representative Brady ran for reelection in Pennsylvania’s First Congressional District in Philadelphia. Brady's challenger, Moore, struggled to raise money and personally loaned his campaign about $150,000. Brady agreed to give Moore $90,000 to drop out of the race. To steer the money to Moore, Smukler devised a plan that involved a bogus corporation, “dummy invoices,” and funneling cash through a political consulting firm. In the 2014 Democratic Primary for the Thirteenth Congressional District of Pennsylvania, Smukler dipped into the general election reserve on behalf of former U.S. Representative Margolies, then used friends and family as strawmen to evade federal election laws.Smukler was convicted on nine counts of election law violations. He was sentenced to 18 months’ imprisonment, plus fines and assessments. The Third Circuit vacated the convictions on two counts but otherwise affirmed. The court upheld the jury instructions defining the term “willfully,” except with respect to counts that charged Smukler with violating 18 U.S.C. 2 and 1001(a)(1) by causing the false statements of others within the Brady and Margolies campaigns. A proper charge for willfulness in cases brought under those sections in the federal election law context requires the prosecution to prove that defendant knew of the statutory obligations, that he attempted to frustrate those obligations, and that he knew his conduct was unlawful. View "United States v. Smukler" on Justia Law

Senke was arrested after starting an online conversation with an officer posing as an underage boy. Senke requested naked photographs of the boy, asked about the boy’s sexual experiences, transmitted graphic photographs of himself, and offered to buy the boy gifts. Senke traveled to meet the boy. Detectives took Senke into custody. He was charged under 18 U.S.C. 2423(b), 2422(b), 1470. His public defender moved to withdraw. After interviewing Senke, the court permitted him to proceed pro se, with the public defender as standby counsel. Senke filed multiple unsuccessful pretrial motions before agreeing to accept appointed counsel (Comerford). Senke later asserted that Comerford tried to pressure him to take a plea, did not take or return phone calls, refused to go over evidence, calling it “to[o] disgusting,” failed to turn over discovery, and was not preparing a defense strategy. Senke did not specifically request the appointment of new counsel. Defense counsel did not present any evidence at trial, relying solely on an entrapment defense.The Third Circuit affirmed Senke’s convictions. The district court’s failure to address Senke’s complaints regarding Comerford was an abuse of discretion but the court declined to review the error for prejudice on direct appeal in the first instance. Senke was not prejudiced by the court’s failure to verify on the record that Senke and his attorney discussed the presentence report. The court vacated in part; special conditions of supervised release banning Senke’s computer and internet use violated Circuit precedent. View "United States v. Senke" on Justia Law

Bracey was convicted of murder in 1995. The prosecution relied heavily on the testimony of Plummer, an alleged eyewitness, and Bell, who claimed Bracey had confessed to him. At trial, both acknowledged that they had received favorable plea agreements in exchange for their testimony. Bracey's appeal and state habeas petitions were unsuccessful. In 2010, Bracey learned the Commonwealth had disclosed only some of the cases that were pending against Plummer and Bell. State courts rejected Bracey's petition under Pennsylvania’s Post Conviction Relief Act as time-barred; the factual basis of the claim could have “been ascertained [earlier] by the exercise of due diligence.” The district court dismissed Bracey's 2011 federal habeas petition as untimely under 28 U.S.C. 2244(d)(1)(D), reasoning that the plea agreements were public records; Brace filed his petition more than one year after the “factual predicate” for his Brady claim “could have been discovered through the exercise of due diligence.” The Third Circuit denied review.Three years later, the circuit held (Dennis) that a defendant has no burden to “scavenge for hints of undisclosed Brady material” even if the material part could be found in public records. The prosecution’s “duty to disclose under Brady is absolute.” Bracey moved for reconsideration under Rule 60(b). The Third Circuit vacated a summary denial. Dennis effected a material change in Circuit law. A defendant can reasonably expect—and is entitled to presume—that the government fulfilled its Brady obligations because the prosecution’s duty to disclose in no way hinges on defense efforts. View "Bracey v. Superintendent Rockview SCI" on Justia Law

Lucas, a financial advisor, wanted to take over Burke Farm to obtain funding from a New Jersey program that paid property owners for easements to preserve farmland. Lucas submitted a fraudulent application to assume Burke Farm’s mortgage; obtained a $250,000 loan from a client under false pretenses; and forged a signature on the promissory note. The farm was owned by Diamond, LLC. Lucas, his wife, and his father used the proceeds of his fraud to acquire the LLC. Convicted of wire fraud, engaging in an illegal monetary transaction, loan application fraud, making false statements to the IRS, aggravated identity theft, obstructing a grand jury investigation, and falsifying records in a federal investigation, Lucas consented to the criminal forfeiture of Burke Farm in conjunction with his 60-month sentence. The LLC filed an unsuccessful objection, 21 U.S.C. 853(n)(6)(A),The Third Circuit reversed. The LLC acquired Burke Farm over five years before Lucas’s crimes and is a legitimate, separate legal entity from Lucas. The court noted that the government could have sought criminal forfeiture of Lucas’s interest in the LLC and civil forfeiture of his family’s interests. Although illicit proceeds were involved in the family’s acquisition of Diamond, the LLC acquired the farm legitimately years before. The government must turn square corners when it exercises its power to confiscate private property. View "United States v. Lucas" on Justia Law

In September 2016, 10 co-defendants were charged with conspiracy to defraud the United States and theft of government property; nine were also charged with aggravated identity theft. They had filed false tax returns using stolen identities to obtain illegal refunds. One of the grand jurors was an alleged victim of defendant Liverpool. The juror’s full name was listed in the original indictment and in an exhibit presented to the grand jury. An IRS agent had interviewed the alleged victim eight months earlier. When the government identified Liverpool and the other defendants during the proceedings and asked whether the jurors knew any of the defendants, there were no positive responses. The alleged victim voted to return a true bill.The government learned of this in 2017. In September 2018, the government filed a superseding indictment, which was returned by a new grand jury weeks before trial, with only minor changes to the original indictment. The government disclosed the grand jury defect to three defendants who had pleaded guilty. Two defendants unsuccessfully moved to dismiss the indictments, arguing that the defect in the original grand jury violated the Fifth Amendment and that the superseding indictment was issued after the limitations period expired. The Third Circuit dismissed an appeal for lack of jurisdiction. The order is not a “final decision” of the district court, 28 U.S.C. 1291, and is not a “collateral” order subject to immediate review. View "United States v. Alexander" on Justia Law