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

Patrick Barkers-Woode and Nana Mensah were involved in a conspiracy to defraud Sprint Corporation by exploiting a sales promotion that offered smartphones to new customers at no upfront cost. Conspirators in Ghana obtained personal information of unsuspecting individuals and used it to sign them up as new Sprint customers, arranging for the smartphones to be sent to vacant homes. Barkers-Woode, Mensah, and others tracked, retrieved, and delivered the smartphones to a buyer. The conspiracy was responsible for 274 orders of 833 smartphones, resulting in $357,565.92 in actual loss and $595,399.76 in intended loss. A jury convicted both defendants of mail fraud, aggravated identity theft, and conspiracy to commit these offenses.The United States District Court for the Middle District of Pennsylvania sentenced Barkers-Woode to 111 months’ imprisonment and Mensah to 99 months’ imprisonment. Both defendants appealed, challenging their sentences and, in Barkers-Woode’s case, the admission of certain evidence during the trial.The United States Court of Appeals for the Third Circuit reviewed the case. The court found that the District Court erred in applying a 14-point enhancement based on intended loss rather than actual loss, as required by the court's decision in United States v. Banks. This error affected the defendants' substantial rights, leading the court to reverse and remand for resentencing based on actual loss. The court also upheld the District Court's application of a 2-point enhancement for the number of victims, recognizing that victims of identity theft are included within the definition of "victim" under the Sentencing Guidelines.Additionally, the court affirmed the District Court's decision to admit testimony about a related fraud against Walmart, as it directly proved the conspiratorial agreement. The court also upheld the decision to require Barkers-Woode to proceed pro se after his sixth attorney withdrew, citing his extremely dilatory conduct. Finally, the court rejected Mensah's argument that sentencing enhancements should be based on facts charged in the indictment and proved beyond a reasonable doubt, reaffirming the precedent set in United States v. Grier. View "USA v. Barkers-Woode" on Justia Law

David Payo pled guilty to two bank robberies in 2017. The District Court applied a career-offender enhancement to his sentence based on three prior robbery convictions: a 2001 federal conviction, a 2008 Pennsylvania conviction, and a 2010 Pennsylvania conviction. Payo argued that the 2008 and 2010 convictions did not involve crimes of violence, but the District Court disagreed, relying on a state-court docket sheet and an argument not advanced by the Government.The United States District Court for the Western District of Pennsylvania held that Payo's 2008 conviction was under § 3701(a)(1)(ii) and his 2010 conviction under § 3701(a)(1)(iv) qualified as a crime of violence under the enumerated-offenses clause. Payo appealed, arguing that the District Court improperly relied on a non-Shepard document (the docket sheet) and advanced an argument the Government had not made.The United States Court of Appeals for the Third Circuit reviewed the case and found that the District Court erred in relying on the state-court docket sheet, which was not a Shepard document, and in advancing an argument the Government had not made regarding the 2010 conviction. The Third Circuit vacated Payo's sentence and remanded the case for further proceedings, instructing the District Court to determine whether Payo's 2008 conviction was under § 3701(a)(1)(i) or (ii) using only the Shepard documents produced by the Government initially. If the conviction was under subsection (ii), the enhancement stands; otherwise, it does not. View "USA v. Payo" on Justia Law

Randal Wise was convicted of possessing child pornography, attempting to entice a minor, and attempting to transfer obscene matter to a minor. Wise used the Grindr app to contact undercover police officers posing as minors, sending explicit photos and attempting to arrange meetings for sexual activities. He was arrested while holding an iPhone that contained sexual chats and child pornography.The United States District Court for the District of New Jersey denied Wise's motion to sever the charges, and the jury convicted him on all counts. The judge sentenced him to 288 months in prison. Wise appealed, arguing that the charges should not have been joined and that the District Court should have severed them. He also raised several sentencing claims.The United States Court of Appeals for the Third Circuit reviewed the case. The court held that the charges were properly joined as they involved the sexual exploitation of minors. The court found no abuse of discretion in the District Court's decision to deny severance, as there was little risk of spillover prejudice, and the jury was instructed to consider each charge separately.The Third Circuit also upheld Wise's sentence. The court found that the District Court properly applied a five-level enhancement for a pattern of sexual abuse or exploitation of a minor and another five-level enhancement for repeated sex crimes against minors. The court also held that an iPhone qualifies as a computer under U.S.S.G. § 2G2.2(b)(6), thus justifying the two-level enhancement for using a computer in the crime.Finally, the court declined to address Wise's ineffective assistance of counsel claim, suggesting it be raised in a collateral review. The Third Circuit affirmed the District Court's judgment. View "USA v. Wise" on Justia Law

Ronald Vines and his two adult sons attempted to rob a bank at gunpoint. They gathered weapons and other equipment, set up a tarp outside the bank, and waited for the tellers to arrive. One of Vines's sons, wearing a mask and armed with a revolver, forced a teller inside at gunpoint. However, another employee saw them and raised the alarm, causing Vines to signal his son to flee. They were apprehended by the police shortly after.Vines pleaded guilty to attempted armed bank robbery under 18 U.S.C. §§ 2113(d) & 2 and brandishing a gun while committing a crime of violence under 18 U.S.C. §§ 924(c)(1)(A)(ii) & 2. He did not initially challenge his § 924(c) charge, so he had to do so collaterally under 28 U.S.C. § 2255. The United States District Court for the Eastern District of Pennsylvania denied his motion but granted a certificate of appealability. On appeal, Vines was allowed to argue that his plea lawyer was ineffective for not asserting that attempted armed bank robbery is not a crime of violence.The United States Court of Appeals for the Third Circuit reviewed the case de novo. The court held that attempted armed bank robbery under 18 U.S.C. § 2113(d) is a crime of violence because it requires the use of force, violence, or intimidation. The court also found that adding a dangerous weapon to the attempted bank robbery does not make the crime less violent. Therefore, Vines's conviction under § 924(c) was upheld. The court also concluded that Vines's counsel was not ineffective, as the argument that attempted armed bank robbery is not a crime of violence would have been meritless. The Third Circuit affirmed the District Court's order denying Vines's collateral attack. View "USA v. Vines" on Justia Law

Anthony Brookins was found guilty by a jury in May 2009 of a firearm offense and a drug trafficking charge. He was sentenced to 120 months and 240 months, respectively, to be served concurrently, along with three- and ten-year periods of supervised release. The District Court later reduced his drug trafficking sentence to 180 months. After his release from prison in December 2019, Brookins began his supervised release. In May 2023, his probation officer filed a petition alleging five violations of his supervised release, including charges of simple assault and harassment, positive drug tests for cocaine, and failure to participate in a substance abuse program. A supplemental petition added a sixth violation related to another domestic incident.The United States District Court for the Western District of Pennsylvania held a revocation hearing where Brookins admitted to failing to comply with the substance abuse treatment program (violation number 5). The government withdrew the other five alleged violations. The District Court found Brookins guilty of the Grade C violation and sentenced him to 14 months of imprisonment, followed by supervised release with conditions including participation in an intensive drug treatment program and no contact with the alleged victim of the domestic incidents.Brookins filed a pro se notice of appeal. The United States Court of Appeals for the Third Circuit reviewed the case. Brookins's appellate counsel filed an inadequate Anders brief, failing to provide a thorough examination of the record or address the specific issues raised by Brookins. The Third Circuit discharged the counsel and directed the Clerk of Court to appoint new counsel for Brookins, emphasizing the need for diligent and thorough representation in compliance with Anders v. California. View "USA v. Brookins" on Justia Law

Carolyn Jackson and John Jackson were convicted of severe child abuse after a thirty-nine-day jury trial. They were charged with conspiracy and multiple counts of endangering the welfare of a child. The jury found John guilty on several counts and Carolyn guilty on all counts. The charges included both "omission counts" (withholding food, water, and medical care) and "commission counts" (forcing ingestion of harmful substances and physical assault). The Jacksons' sentences were vacated multiple times on appeal due to improper sentencing by the original judge, leading to a reassignment for resentencing.The United States District Court for the District of New Jersey initially sentenced the Jacksons, but the sentences were vacated and remanded by the United States Court of Appeals for the Third Circuit. The case was reassigned to Judge Susan Wigenton, who imposed new sentences of 140 months for Carolyn and 108 months for John. The Jacksons appealed these new sentences, arguing violations of their Fifth and Sixth Amendment rights, procedural and substantive unreasonableness, and that the new sentences contradicted prior rulings (law of the case).The United States Court of Appeals for the Third Circuit reviewed the case. The court held that the District Court did not violate the Jacksons' constitutional rights by finding facts at sentencing by a preponderance of the evidence, since these findings did not increase the statutory maximum sentence. The court also held that the Jacksons had no reasonable expectation of finality in their sentences while under appeal, so no double jeopardy or due process violation occurred. The court found no procedural errors in the District Court's sentencing process and concluded that the sentences were substantively reasonable. The Third Circuit affirmed the sentences imposed by the District Court. View "U.S. v. Jackson" on Justia Law

John Adams was involved in a case where he picked up two runaway girls, aged 15 and 16, and brought them to his home in Philadelphia. He coerced them into having sex with him and engaging in commercial sex acts, threatening to kick them out if they refused. Adams advertised the minors' sexual services on a European website and collected a portion of the money. He instructed the minors to conceal their ages and delete incriminating text messages. Law enforcement discovered the girls during a traffic stop, and they revealed Adams's actions. Adams attempted to cover up his activities by soliciting another minor to help him blackmail one of the victims.The United States District Court for the Eastern District of Pennsylvania indicted Adams on six counts, including sex trafficking of a minor, tampering with evidence, witness tampering, and making false statements. Adams moved to dismiss the sex trafficking charges, arguing that the Trafficking Victims Protection Act did not apply to his conduct and that Congress lacked the power to enact the statute. The District Court denied his motions, holding that the Act criminalized domestic sex trafficking and was valid under the Commerce Clause. Adams pleaded guilty to all charges but reserved the right to challenge the applicability of the Act.The United States Court of Appeals for the Third Circuit reviewed the case. The court held that the Trafficking Victims Protection Act applies to both foreign and domestic sex trafficking and that Adams's conduct fell within the statute's scope. The court also found that Congress had the authority to enact the statute under the Commerce Clause. Additionally, the court upheld the District Court's denial of Adams's motion to withdraw his guilty plea, finding no breach of the plea agreement by the government and rejecting Adams's claim of innocence. The Third Circuit affirmed the District Court's judgment of conviction and sentence. View "U.S. v. Adams" on Justia Law

Rodney Ashe was pulled over by police on October 3, 2022, for failing to maintain his lane. During the stop, officers observed a handgun in his sweatshirt pocket, leading to his arrest and the impoundment of his car. Six months later, while Ashe was incarcerated, a duffle bag containing an AK-style pistol and ammunition was found in the trunk of his car by a towing company employee. Ashe pleaded guilty to being a felon in possession of a firearm related to the handgun found during the traffic stop.The United States District Court for the District of New Jersey held a sentencing hearing on December 21, 2023. Both the Government and the defense argued for a total offense level of 12, but the District Court found a total offense level of 17, applying an enhancement for possession of the AK-style pistol. The court determined that a preponderance of the evidence supported Ashe’s constructive possession of the AK pistol, based on its location in his trunk and his history of firearm-related offenses. Ashe was sentenced to 37 months of imprisonment.The United States Court of Appeals for the Third Circuit reviewed the case. The court found that the District Court erred in applying the enhancement without sufficient evidence that Ashe possessed the AK pistol. The appellate court noted that the six-month gap between Ashe’s arrest and the discovery of the firearm, combined with the lack of direct evidence linking Ashe to the AK pistol, did not meet the preponderance of the evidence standard required for constructive possession. Consequently, the Third Circuit vacated Ashe’s sentence and remanded the case for resentencing without the enhanced base offense level. View "USA v. Ashe" on Justia Law

In the early morning of December 15, 1987, Richard Laird and Frank Chester brutally murdered Anthony Milano in a wooded area in Bristol, Pennsylvania. Milano, a 26-year-old homosexual man, was beaten and had his neck and throat slashed multiple times, leading to his death. Laird and Chester were arrested and tried for first-degree murder, among other charges. Both were convicted and sentenced to death. Laird's defense included claims of ineffective assistance of counsel, particularly regarding the failure to present expert testimony on the sexual abuse he suffered as a child.Laird's initial conviction and death sentence were affirmed by the Pennsylvania Supreme Court in 1991. He sought post-conviction relief, which was denied by the PCRA Court and affirmed by the Pennsylvania Supreme Court in 1999. Laird then filed a federal habeas petition, which resulted in the vacating of his first-degree murder conviction and death sentence in 2001. The case was remanded for a retrial, and in 2007, Laird was again convicted of first-degree murder and sentenced to death. The Pennsylvania Supreme Court affirmed this conviction and sentence in 2010.Laird filed another PCRA petition, claiming ineffective assistance of counsel for failing to present an expert on childhood sexual abuse. The PCRA Court denied relief, and the Pennsylvania Supreme Court affirmed, finding that the additional expert testimony would have been cumulative and not likely to change the outcome. Laird then filed a federal habeas petition, which was denied by the District Court.The United States Court of Appeals for the Third Circuit reviewed the case, focusing on whether counsel was ineffective for not presenting an additional expert on childhood sexual abuse. The court held that the PCRA Court's decision was reasonable and that counsel's performance did not fall below an objective standard of reasonableness. The court affirmed the District Court's denial of the habeas petition. View "Laird v. Secretary of Dept. of Corrections" on Justia Law

Joseph Cammarata and his associates, Eric Cohen and David Punturieri, created Alpha Plus Recovery, LLC, a claims aggregator that submitted fraudulent claims to securities class action settlement funds. They falsely represented that three entities, Nimello, Quartis, and Invergasa, had traded in securities involved in class action settlements, obtaining over $40 million. The fraudulent claims included falsified trade data and fabricated reports. The scheme unraveled when a claims administrator, KCC, discovered the fraud, leading to the rejection of the claims and subsequent legal action.The United States District Court for the Eastern District of Pennsylvania charged the defendants with conspiracy to commit mail and wire fraud, wire fraud, conspiracy to commit money laundering, and money laundering. Cohen and Punturieri pled guilty, while Cammarata proceeded to trial and was found guilty on all counts. The District Court sentenced Cammarata to 120 months in prison, ordered restitution, and forfeiture of certain property.The United States Court of Appeals for the Third Circuit reviewed the case. The court upheld most of the District Court's rulings but found issues with the restitution order and the forfeiture of Cammarata's vacation home. The court held that the restitution order did not fully compensate the victims, as required by the Mandatory Victims Restitution Act (MVRA), and remanded for reconsideration. The court also found procedural error in the forfeiture process, as Cammarata was deprived of his right to a jury determination on the forfeitability of his property. The court vacated the forfeiture order in part and remanded for the Government to amend the order to reflect that the property is forfeitable as a substitute asset under 21 U.S.C. § 853(p). View "USA v. Cammarata" on Justia Law