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Publication Date: 2021-03-15
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0284
District court sentenced appellant under an incorrect sentencing guideline range due to improper grouping; the plain error did not upset the jury's verdict and could be fixed on remand. Vacated and remanded.
Publication Date: 2021-03-08
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0258
District court erred in failing to group appellant's production counts with his receipt and possession counts in sentencing him for child-pornography crimes and the failure was plain error that affected appellant's substantial rights. Vacated and remanded.
Publication Date: 2020-10-19
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1158
Defendant appealed from the district court's denial of his motion for early termination of his supervised release.
Publication Date: 2020-08-17
Practice Area: Civil Rights
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
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for defendant:
Case Number: 20-0888
District court properly granted summary judgment in favor of school district in student's title IX hostile educational environment private action based on her affair with assistant school principal because no appropriate person had actual knowledge of title IX discrimination since assistant principal's knowledge of his own wrongdoing was irrelevant to school district's actual knowledge of the sexual harassment. Affirmed.
Publication Date: 2020-06-22
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0644
Defendant challenged his conviction for felon in possession of a firearm and his enhanced sentence under the armed career criminal act and court found defendant's stop was supported by reasonable suspicion, officer conducted a valid investigatory stop to ensure officer and community safety and defendant's drug conspiracy conviction counted as an ACCA predicate offense since it was distinct in time from the underlying substantive offenses. Affirmed.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2020-06-22
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0644
Defendant challenged his conviction for felon in possession of a firearm and his enhanced sentence under the armed career criminal act and court found defendant's stop was supported by reasonable suspicion, officer conducted a valid investigatory stop to ensure officer and community safety and defendant's drug conspiracy conviction counted as an ACCA predicate offense since it was distinct in time from the underlying substantive offenses. Affirmed.
Publication Date: 2020-05-18
Practice Area: Labor Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
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for defendant:
Case Number: 20-0503
Former employees were obligated to arbitrate discrimination and retaliation claims where their union agreed in a CBA to waive the right to bring a lawsuit regarding any matters encompassed by the CBA's grievance procedures. Order of the trial court reversed, case remanded.
Publication Date: 2020-04-20
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0416
Appellant filed a §2255 motion asserting sentencing court used an incorrect career-offender enhancement in sentencing him and court found an incorrect career-offender enhancement under the advisory guidelines was not cognizable under §2255 because it was not a fundamental defect that inherently resulted in a complete miscarriage of justice. Motion denied.
Publication Date: 2019-11-25
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1393
District court erred in granting summary judgment in favor of defendants in inmate's eighth amendment challenge to his conditions of confinement in a dry cell as well as the duration of his confinement and court found there was no evidence that program review committee participated in or had actual knowledge of the conditions of inmate's confinement but PCR did not present evidence of any penological justification for inmate's continued confinement after the initial four days. Affirmed in part and reversed in part.
Publication Date: 2019-09-02
Practice Area: Labor Law
Industry: Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1031
Filing deadline under the Federal Railway Safety Act was merely a claim-processing limitation and was not a jurisdictional bar that would deprive the courts of jurisdiction to hear an untimely claim. Order of the district court affirmed on alternative grounds.
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