Affirmation of Drug-Purity Calculation and Organizer-Leader Enhancement in Sentencing Guidelines Introduction United States v. Glenn Long arises from a federal indictment in Camden, New Jersey,...
Martinez Exception Requires a Substantial Underlying Strickland Claim: Todaro v. Houtzdale Introduction Joseph Todaro, Sr. (the “Appellant”) challenges the dismissal of his federal habeas petition...
Establishing Persecution and Acquiescence Standards in Asylum and CAT Claims: Nascimento v. AG 1. Introduction Case Name: Vandecarlos Ferreira do Nascimento, et al. v. Attorney General of the United...
Affirmation of Abel’s Bad-Faith Standard for Administrative Warrants and Guidelines §5K2.21 Upward Departures Introduction United States v. Coles, Preddy & Jenkins-Armstrong consolidates appeals by...
United States v. Coles et al.: Limits on Administrative Warrant Use and the Categorical Crime-of-Violence Rule Introduction This commentary examines the Third Circuit’s April 7, 2025 decision in...
Limits on Administrative Parole Warrants and Crimes-of-Violence Predicates under 18 U.S.C. § 924(c) Introduction United States v. Coles, Preddy & Jenkins-Armstrong (3d Cir. Apr. 7, 2025) is a...
A Witness’s Prior Letter Is Not Substantive Evidence Unless the Witness Vouches for Its Truth; “Or Otherwise” in the Federal Kidnapping Statute Encompasses Drug‑Debt Recoupment — United States v....
No Ongoing Violation, No Young Exception: Third Circuit Reaffirms Eleventh Amendment Bar and Requires Without-Prejudice Dismissal in Official-Capacity § 1983 Suits Introduction In Corsnitz v....
“Preserve It or Lose It”: Third Circuit Reaffirms Waiver for Failure to Challenge Magistrate’s Denial of Counsel and Upholds Immunity Bar to § 1983 Claims Against State Family‑Court Actors...
“Dispute Arises” Under the EFAA Means Employer–Employee Opposition, Not Injury or EEOC Filing: Third Circuit’s Precedential Clarification in Cornelius v. CVS Introduction In a precedential opinion,...
Selective Enforcement Discovery in Prison Contraband Cases: Small Samples, Self‑Selection, and Mandatory Referral Policies Can Justify Denial Introduction In United States v. Brian Foster (3d Cir....
Essential Features of the Three-Tier System: Third Circuit Replaces Freeman with Tennessee Wine’s Test and Upholds New Jersey’s Retailer Physical Presence and In-State Wholesaler Requirements...
Noncompliance Controls: Qualified Immunity and Pennsylvania Sovereign Immunity for a Single Pepper‑Spray Burst Against a Medically Restricted Inmate Introduction This commentary analyzes the Third...
“No Pro Se Penalty” After Abandonment: Third Circuit Extends Martinez to Self‑Represented PCRA Filings and Finds Ineffective Assistance for Misclassifying § 922(g)(1) Under Pennsylvania Guidelines...
Paid Professional Advice Is Protected Speech: Third Circuit Requires First Amendment Scrutiny of New Jersey’s Ban on Compensation for Veterans‑Claims Counseling Introduction In a precedential opinion...
From Possibility to Probability: Third Circuit Reaffirms That Understaffing Allegations and Abstract Capacity Models Do Not Satisfy Rule 9(b)’s “Reliable Indicia” Requirement in FCA Cases Note: The...
Rule 56 Clarified: Unverified Complaints and Unsworn Prison Grievances Are Not Competent Summary-Judgment Evidence; Non-Assertive Commands Are Non-Hearsay Case: Jamar L. Travillion v. John E. Wetzel,...
Third Circuit’s Brookins Rule: Mandatory Content for Anders Briefs in Supervised Release Revocation Appeals Introduction In United States v. Anthony Brookins (3d Cir. Apr. 1, 2025) (precedential),...
No Formal Hierarchy Required: Third Circuit Affirms Tier III Designation of the Grey Wolves and Broad Reach of the INA’s Material-Support Bar Case: Askin Ozturk v. Attorney General of the United...
Third Circuit Reaffirms: No Per Se “Futility” Bar—Reimposing Supervised Release for Deterrence and Rehabilitation Is Substantively Reasonable Even After Repeated Violations Case: United States v....