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Monthly Archive: June 2012

June 13, 2012

Court of Appeals for the Third Circuit Upholds Defendant’s Classification as a “Career Offender”

In U.S. v. Marrero, No. 11-2351 2012 U.S. App. LEXIS 8386, Defendant Ricardo Marrero appealed his judgment of sentence after pleading guilty to two counts of bank robbery. Marrero claimed the District Court erred in classifying him as a "career offender" under § 4B1.1 of the United States Sentencing Guidelines, arguing that under Pennsylvania law neither his prior third-degree murder nor his simple assault conviction qualified as a crime of violence because "a conviction for mere recklessness cannot constitute a crime...

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Posted in: Misdemeanor / Felony Crimes

June 8, 2012

5th Circuit Increases Defendant’s Sentence for “Importation” of Narcotics in Routine Distribution Case

In U.S. v. Rodriguez, 666 F.3d 944; 2012 U.S. App. LEXIS 202, Defendant Melanie Marie Rodriguez pled guilty to possession with intent to distribute more than fifty grams of a mixture and substance containing methamphetamine in violation of 21 U.S.C.S. § 841(a)(1) and (b)(1)(B). The United States District Court for the Northern District of Texas sentenced defendant to 180 months' imprisonment and five years of supervised release. Defendant’s sentence was enhanced under U.S.S.G. § 2D1.1(b)(4) because the district court determined that the offense "involved the importation of amphetamine or...

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Posted in: Drug Crimes

June 6, 2012

3rd Circuit Rules That Tip From Reliable Source Plus Dark Window Tint Does Not Provide Reasonable Suspicion to Stop and Search a Vehicle

The Court of Appeals for the Third Circuit recently handed down a significant decision concerning evidence suppression in U.S. v. Lewis. After receiving a tip from a reliable source that individuals in a white Toyota Camry were carrying firearms, police officers in St. Thomas, Virgin Islands initiated a traffic stop of the vehicle. During the traffic stop, a firearm was discovered on the driver, Defendant Ahmoi Lewis. The source provided no details about the legal status of the firearms, and when making the stop, an officer testified that the tints on the vehicle's windows exceeded the...

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Posted in: Misdemeanor / Felony Crimes