No Separate 21 U.S.C. § 851(b) Hearing Required When the Defendant Is Advised and Admits the Prior Conviction at the Plea Proceeding (Anders Affirmance) 1. Introduction United States v. Naajeh Torres...
Section 851(b) Is Satisfied by an On-the-Record Admission at the Plea Hearing; No Separate Sentencing Hearing Is Required Absent a Request (in an Anders Appeal) Case: United States v. Naajeh Torres...
Third Circuit Rule: A Single Illegible Serial Number Triggers § 2K2.1(b)(4)(B)(i) Even If Another Serial Number Is Legible Case: United States v. Noah Craddock (3d Cir. July 1, 2026) Court: U.S....
Whole-Record Review to Sustain a Faretta Waiver When Pro Se Is Sought for Delay or Sandbagging I. Introduction In United States v. Zachary Williams, the Third Circuit confronted a recurring tension...
Intentional Omissions on IRS Forms 433-A/433-B Are Affirmative Acts of Tax Evasion (Third Circuit) 1. Introduction In United States v. Brandon Aumiller (3d Cir. July 1, 2026), the Third Circuit...
Ambiguity Between Guidelines “Departure” and “Variance” Requires Vacatur When It May Have Affected the Sentence 1. Introduction United States v. George Alexander is a Third Circuit sentencing appeal...
Third Circuit Establishes Two Key Rules: (1) Guns-for-Drugs Trades Are Per Se “Possession in Furtherance” Under 18 U.S.C. § 924(c); (2) Taylor’s Traditional Categorical Approach Governs “Felony Drug...
Third Circuit: No Hybrid Self-Representation; Brady/Napue and Strickland Claims Generally Require a Developed Record and Belong in § 2255 1. Introduction United States v. Asiana Christine Williams...
Mootness After Compassionate Release: No Presumed Collateral Consequences for Challenges to BOP CARES Act Home-Confinement Revocations; No Munsingwear Vacatur When Mootness Is Self-Caused...
Res Judicata Bars Renewed Flooding Claims When “Continuing Trespass” Was Abated and the New Remedy Could Have Been Sought in the Original Action 1. Introduction In Carolyn Florimonte v. Borough of...
Turner v. Philadelphia FIGHT: Conclusory Assertions Cannot Establish McDonnell Douglas Pretext in a § 1981 Termination Claim 1. Introduction In Tiffany Turner v. Philadelphia FIGHT (3d Cir. June 29,...
Close-Proximity Presumption for U.S.S.G. § 2K2.1(b)(6)(B): Same-Floor Firearm-and-Drugs Placement Supports the Enhancement Absent Rebuttal Introduction Case: United States v. Samuel Barnes (3d Cir....
Anti-Concurrent/Sequential Causation Clauses Defeat Coverage When Wear-and-Tear Contributes and the Insured Lacks Expert Rebuttal Nonprecedential status. The Third Circuit designated this decision...
Rule 60(b)(6) Habeas Reopening After Intervening Law: Cox Factor 1 Is Materiality (Not “Extraordinariness”), and Misweighing It May Be Harmless Case William Bracey v. Superintendent Rockview SCI, No....
Ambiguous Video and Ignored Affidavits Bar Summary Judgment in Prison Excessive-Force and Medical-Indifference Claims Introduction In Ralph Carter v. Adam Baumcratz, a Pennsylvania state prisoner...
Probable Cause “Any-Crime” Rule and Intervening Conduct Defeat § 1983 False-Arrest and First Amendment Retaliation Claims 1. Introduction In Eric Watson v. Cody Reese (3d Cir. June 24, 2026) (not...
Federal Statutory Claims “Germane” to New Jersey Foreclosure Are Barred by Res Judicata and the Entire Controversy Doctrine After Final State Judgment 1. Introduction In Chryssoula Arsenis v. M&T...
ERISA § 514(a) Preempts Provider Defamation Claims Based on EOB Statements Explaining Benefit Denials Introduction In Jeffrey Ahn v. Cigna Health and Life Insurance Company, the United States Court...
United States v. Darby: Vicinage-Clause Jury-District Objections Are Waivable Absent a Timely Voir Dire Objection 1. Introduction In United States v. David Darby (3d Cir. June 24, 2026) (not...
Extending Burlington Northern: The Third Circuit Adopts Title VII’s “Materially Adverse” Standard for ADA and FMLA Retaliation Case: Jeffrey Steidle v. United States Liability Insurance Co., Inc....