The Third Circuit held that the spatial proximity between drugs and guns is not necessary to connect the firearms and drug offense under Section 2D1.1(b)(1) of the United States Sentencing Guidelines. In doing so, the Court reiterated that the government must first prove, by a preponderance of the evidence, only that the defendant possessed a … Read more
In United States v. Raia, the Third Circuit reviewed the sentence imposed after the defendant was convicted of bribery-related offenses for offering cash payments to voters during his political campaign for city council. At sentencing, the Government sought an aggravating-role enhancement under Section 3B1.1 of the Guidelines and an obstruction of justice enhancement under Section … Read more
In United States v. Aguirre-Miron, the Third Circuit found plain error when the District Court failed to group certain closely related counts, as required by the Sentencing Guidelines. The presentence report did not group the defendant’s convictions for production of child pornography with convictions for receipt and possession. At sentencing, the District Court adopted the … Read more
A fractured en banc panel of the 3rd Circuit issued two important holdings in United States v. Nasir, but not before issuing four separate opinions totaling 125 pages. Easily, by comparison, the panel ruled that the comments to the Sentencing Guidelines are no longer entitled to Seminole Rock deference or Auer deference in light of … Read more
In United States v. Bullock, the 3rd Circuit ruled that the crime of assaulting, resisting, or impeding certain officers or employees of, in violation of 18 U.S. Code § 111, is categorically a crime of violence under Section 4B1.1 of the United States Sentencing Guidelines.