Statutory Maximum as the Guidelines Sentence: Third Circuit Enforces Appeal Waiver and Approves Consecutive Stacking Under U.S.S.G. §§ 5G1.1(a) and 5G1.2(d) in an Anders Appeal Introduction In United...
Conspiracy Is Not Enough: Third Circuit Requires PSC Analysis to Include the Object Offense’s Elements Case: Jayeola Amos v. Attorney General United States of America (No. 22-2095) Court: United...
Reaffirming the Post-Ruan, Post-Burrage Framework: No Proximate Cause or Mens Rea for § 841(b)(1)(C) “Death Results”; Miranda Errors May Be Harmless Introduction This nonprecedential Third Circuit...
Third Circuit Endorses the “Integral Use of Fire” Standard for 18 U.S.C. § 844(h)(1) in Insurance-Fraud Schemes: United States v. Randolph Decision: United States v. Lashaumba O. Randolph, No....
Strict Liability Persists for § 841(b)(1)(C) “Death Results” After Ruan; No Need to Identify the Specific Fatal Bag When All Sources Trace to Defendants United States v. Jeremy Edward Johnson; United...
Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption Case:...
Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion Case: United States v. Jeffrey Colin...
Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets Introduction In United States v. Natalya Shvets, the Third...
When Parties Waive Appeals, Even Erroneous Sealing Orders Stand: The Third Circuit Confirms Indefinite Post‑Judgment Sealing Orders Are Final Collateral Orders but Unreviewable by a Waiving Party...
Reaffirming Sovereign and Judicial Immunity and Plausibility Pleading in Domestic‑Relations–Adjunct RICO/§ 1983 Suits: Fake v. Commonwealth of Pennsylvania (3d Cir. 2025) Note: This Third Circuit...
Post-Deprivation Prison Grievance Procedures Satisfy Due Process for Temporarily Withheld Inmate Funds; Supervisory Liability Requires Personal Involvement, Not Grievance Denials Introduction This...
Actual Fraud or Nothing: Market-Tested Sale Findings and Appellate Record Limits Defeat § 1144 Revocation in Virgin Orbit Introduction This commentary analyzes the Third Circuit’s non-precedential...
CAFA Amount in Controversy Fixed at Filing—Even If Federal Claims Are Later Dismissed; Third Circuit Reaffirms Panzarella’s “Use” Requirement for TCPA ATDS Liability Introduction In Michael Anthony...
No Continuing Violation for FDCPA Suits Based on Debt-Collection Litigation; Post-Complaint Filings Do Not Restart the One-Year Clock Case: Helisha Moore v. Cohn, Lifland, Pearlman, Hermann & Knoph...
No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes Commentary on Payne v. Gourley, No. 25-1765 (3d Cir. Sept. 24, 2025) (nonprecedential)...
Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos Court: U.S. Court of Appeals for the...
Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims Introduction In a precedential...
No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO Court: U.S. Court of Appeals for the...
Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability Introduction In Jose Miguel German Santos v....
Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville Note: This Third Circuit disposition is designated not...