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

Jenkins was convicted of drug-related offenses. The Pennsylvania Superior Court affirmed. The Pennsylvania Supreme Court denied review. Jenkins timely filed a petition under Pennsylvania’s Post Conviction Relief Act, which the trial court denied. He timely filed notice of appeal, but the superior court granted his attorney’s motion to withdraw and affirmed denial of his petition on November 10, 2009. On December 2, 2009, Jenkins filed a pro se pleading with the Pennsylvania Supreme Court entitled, “Motion to File Petition for Allowance of Appeal Nunc Pro Tunc, and for the Appointment of Counsel.” The Pennsylvania Supreme Court notified the Superior Court that Jenkins had filed a petition for allowance of appeal, but, on December 16, issued notice, stating that his pleading failed to comply with certain Pennsylvania Rules of Appellate Procedure unrelated to timing. Jenkins perfected his pleading on December 29, but, on April 27, 2010, the Supreme Court denied his pleading without opinion. On May 7, 2010, Jenkins filed a pro se habeas petition under 28 U.S.C. 2254. The district court, sua sponte, raised the issue of timeliness and ultimately dismissed as untimely. The Third Circuit reversed, holding that Jenkins is eligible for statutory tolling of AEDPA’s limitation period. View "Jenkins v. Superintendent of Laurel Highlands" on Justia Law

Diallo was arrested and pleaded guilty to knowingly possessing 15 or more counterfeit credit cards with the intent to defraud, 18 U.S.C. 1029(a)(3). At his sentencing hearing, the government argued that although the actual loss attributed to Diallo’s conduct amounted to $160,000, he should be assessed a 16-level enhancement for an intended loss amount of over $1 million but not more than $2.5 million, which was based on the Secret Service agents’ determination of the aggregate credit limit of all of the compromised credit card numbers, and a four-level enhancement for over 50 victims, based on the number of financial institutions that had issued the credit cards numbers. The district court accepted the government’s arguments on intended loss and the number of victims, resulting in a total offense level of 27 and a Guidelines range of 70 to 87 months’ imprisonment and ultimately sentenced Diallo to a bottom-of-the-Guidelines-range sentence of 70 months’ imprisonment. The Third Circuit vacated. For purpose of Section 2B1.1 of the Sentencing Guidelines, the intended loss of a credit card fraud is not, in every case, the credit card’s credit limit. View "United States v. Diallo" on Justia Law

Huff pleaded guilty to conspiracy to distribute 50 grams or more of cocaine base and 500 grams or more of powder cocaine (21 U.S.C. 846). The district court sentenced her to 12 months’ imprisonment and three years of supervised release. Because Huff had spent more than a year in prison awaiting trial, supervised release began in July 2008. In August 2010, the probation office informed the court that Huff had violated conditions of supervised release. Huff waived a hearing and agreed to home detention for three months. In April 2011, the probation office filed a second report after Huff was charged with driving under the influence, endangering the welfare of children, improper vehicle child restraint, public drunkenness, and failure to stop at a red light and stated that Huff had been non-compliant with other terms of supervision. The court sentenced her to 10 months’ incarceration with no subsequent supervised release. Huff filed notice of appeal in December 2011, but was released from custody in August 2012. The Third Circuit dismissed the appeal as moot. A litigant who is unconditionally released from custody must show that she will suffer collateral consequences from the supervised release revocation to present a live case or controversy. View "United States v. Huff" on Justia Law

Castro, a high-ranking Philadelphia Police official, was indicted for extortion involving violence. He was convicted of making a false statement to federal agents (18 U.S.C. 1001) and acquitted of conspiracy to commit extortion (18 U.S.C. 894). The jury hung on remaining counts. To avoid retrial, Castro pled guilty to conspiracy to commit extortion (18 U.S.C. 1951); the plea agreement contained an appellate waiver. The district court sentenced him to concurrent terms of 18 months for false statements and 60 months for conspiracy. Castro appealed, arguing that, because the money came from the FBI as part of a sting operation, he told the literal truth when he denied having received money from the alleged victim. He also argued that the court lacked authority to deny the government’s motion for a decrease in his offense level under the sentencing guidelines and that, in imposing a sentence 19 months higher than the guidelines range, the court failed to adequately account for his record of good works. The Third Circuit vacated the false statements conviction, holding that application of the waiver against the sufficiency-of-the-evidence argument would, in these unusual circumstances, work a miscarriage of justice and that there was no evidence that Castro made a false statement. View "Unted States v. Castro" on Justia Law

Tucker was charged with conspiracy to distribute cocaine and related drug and firearms offenses. He pled guilty to possession of a firearm as a convicted felon, 18 U.S.C. 922(g)(1). He represented himself at the plea and sentencing hearings, with standby counsel. The government asserted that Tucker was subject to the Armed Career Criminal Act, 18 U.S.C. 924(e) based on three prior convictions for “violent felonies” or “serious drug offenses.” Tucker conceded a 1995 violent felony but argued that two state drug convictions did not qualify. The government asserted that both convictions involved cocaine, and, under Pennsylvania law, carried a maximum sentence of 10 years. Tucker argued that neither conviction had required a finding as to the particular drug and that the government could not show that either conviction was for an offense carrying a maximum sentence of 10 years or more. The government introduced the certified court record for one conviction and, for the other, charging documents, jury instructions, and transcripts of the post-trial sentencing hearing and a pre-trial charging conference. The district court found that both convictions were for cocaine and and sentenced Tucker to 15 years. The Third Circuit vacated. None of the documents submitted “actually required” finding conspiracy to sell cocaine in order to convict. View "Unted States v. Tucker" on Justia Law

Delaware State Police obtained search warrants for Pavulak’s email account and workplace after receiving information that he was viewing child pornography on his workplace computers. Evidence was seized, he was convicted of possessing, 18 U.S.C. 2252A(a)(5)(B), and attempting to produce child pornography, 18 U.S.C. 2251(a) and (e), attempting to entice a minor, 18 U.S.C. 2422(b), and committing crimes related to his status as a sex offender, 18 U.S.C. 2250(a). The district court sentenced him to life imprisonment on the attempted-production conviction and to 120 months’ imprisonment on the remaining counts. The Third Circuit affirmed, rejecting a claim that the evidence should have been suppressed. The warrants were supported by an affidavit that pointed to Pavulak‘s prior child-molestation convictions and labeled the images, which had been reported by informants, simply as child pornography. No further details concerning the images content appeared in the affidavit, which was, therefore, insufficient to establish probable cause for child pornography, but the officers reasonably relied on the warrants in good faith. View "Unted Smith v. Pavulak" on Justia Law

Thomas and Frett had a gun fight at Frett’s apartment. Both sustained wounds and were hospitalized. Thomas was discharged on May 16; on May 21, six masked gunmen entered the hospital and shot Frett to death. Investigation revealed that they entered through an employee entrance with an employee “swipe card.” The records system showed that Knight, an admissions clerk, accessed Frett’s records hours before he was killed. Knight’s cell phone records indicated that she had telephone conversations with Thomas’s brother, Milligan, that evening. Knight stated that she had no prior knowledge of the shooting and that she did not remember accessing records to ascertain the room number, but admitted that Milligan was her boyfriend. Confronted with phone and system records, Knight admitted the truth and was charged with making false statements to a federal officer, 18 U.S.C. 1001(a)(2), perjury, 18 U.S.C. 1621(1), and conspiring in Frett’s murder. She was acquitted on the false statement and conspiracy charges, but was convicted on three perjury charges and sentenced to 36 months. The Third Circuit affirmed, rejecting claims that the district court admitted irrelevant and unfairly prejudicial evidence and erroneously sentenced her under a USSG provision that applies only to perjury in respect to a criminal offense. View "Unted States v. Knight" on Justia Law

Muhammud pleaded guilty to conspiracy to distribute controlled substances (21 U.S.C. 846); possession of a firearm in furtherance of drug trafficking (18 U.S.C. 924(c)); and possession of a firearm by a convicted felon (18 U.S.C. § 922(g)(1)) and waived his right to appeal or collaterally attack the conviction. He was sentenced to 90 months. He did not file a notice of appeal within 10 days of entry of the final judgment, as then required by Rule 4(b)(1)(A)(i), but about a year later filed a pro se motion under 28 U.S.C. 2255, asserting several bases of ineffective assistance of counsel. The district court enforced the waiver and dismissed the petition. Muhammud filed, pro se, a notice of appeal with respect to dismissal of the 2255 petition. The Third Circuit denied a certificate of appealability. More than two years after his sentencing, Muhammud filed a notice of appeal. The government, mistakenly believing that he was appealing denial of his 2255 petition, moved to enforce the waiver but failed to assert untimeliness of an appeal from conviction. The Third Circuit denied an appeal, holding that the government could initially raise untimeliness in its merits brief to the appeals court. View "United States v. Muhammed" on Justia Law

Kouevi lived in Togo. From 2001- 2005, Kouevi conspired to fraudulently obtain “diversity visas,” 8 U.S.C. 1153(c)), for at least 34 people through the American Embassy in Togo. The head of the scheme, Afolabi, paid fees for persons who were eligible for the diversity lottery and assisted them with their paperwork, requiring the applicants to falsely represent that others were their spouses or children, so that those individuals could obtain visas. Kouevi was responsible for false documents and tutoring participants to prepare them for Embassy interviews. Afolabi helped Kouevi fraudulently obtain his own visa and paid his costs to come to the U.S. The Department of Homeland Security arrested Afolabi for bringing young girls to the U.S. and forcing them to work at hair braiding salons, 16 hours a day, 6 to 7 days a week, for several years, without pay. They were also subjected to beatings and rape. Kouevi was convicted of conspiracy to commit visa fraud, 18 U.S.C. 371, and visa fraud, 18 U.S.C. 1546(a) and 2, and sentenced to 26 months imprisonment. The Third Circuit affirmed, rejecting an argument that his conduct was not criminalized by the part of the statute he was indicted under. View "United States v. Kouevi" on Justia Law

In 2002, Turlington pled guilty to conspiring to distribute more than 50 grams of cocaine base (21 U.S.C. 841(a)(1), 841(b)(1)(A), 846). In 2004, the district court sentenced him to 84 months’ imprisonment and 60 months’ supervised release, less than one-third of the Sentencing Guidelines’ recommendation. In October, 2008, Turlington began supervised release. In September 2009, he was charged with driving under the influence; in December, New Jersey police observed Turlington engaging in three hand-to-hand drug transactions. When they approached and announced themselves, Turlinton attempted to flee and threw a loaded handgun to the ground. Police searched Turlington and found $245 in cash and a plastic bag of cocaine. Turlington pleaded guilty to possessing a weapon while committing a controlled dangerous substance crime. The New Jersey Superior Court sentenced him to three years’ imprisonment, to run concurrently with any federal sentence. Turlington admitted to possessing the handgun and drugs; the district court revoked supervised release and sentenced him to 60 months. The Third Circuit affirmed. View "United States v. Turlington" on Justia Law