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  • United States v. Hall

    Publication Date: 2024-02-12
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1430

    Defendant appealed the sentence imposed following his guilty plea to possessing ammunition after being convicted of a felony.

  • United States v. McCargo

    Publication Date: 2024-01-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1237

    Defendant appealed the sentence imposed following his guilty plea to drug and firearms offenses.

  • United States v. Stokes

    Publication Date: 2024-01-23
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1365

    Defendant appealed the sentence imposed following his guilty plea to drug and firearms offenses.

  • United States v. Jordan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2153

    District court properly denied defendant's §2255 motion arguing 18 U.S.C. §2113(d) was not a "crime of violence" under 18 U.S.C. §924(c) because federal statutory text, record, and precedent showed that §2113(d) was divisible and armed bank robbery was a crime of violence under §924(c)'s elements clause. Affirmed.

  • United States v. Jordan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Stacie M. Fahsel, Renee Pietropaolo, Federal Public Defender’s Office, Pittsburgh, PA for appellant.
    for defendant: Robert A. Zauzmer, U.S. Attorney’s Office, Philadelphia, PA for appellee.

    Case Number: 22-2153

    Defendant was correctly charged with committing a crime of violence where the armed bank robbery statute was divisible as it could be committed either intentionally/knowingly or recklessly and defendant was charged with "knowingly" taking money through force and jeopardizing others' lives through the use of a deadly weapon.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Earle Asphalt Co. v. County of Camden

    Publication Date: 2023-12-19
    Practice Area: Government
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    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
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    Case Number: 22-3166

    Plaintiffs appealed the district court's dismissal of their complaints against Atlantic and Camden Counties.

  • United States v. Torres

    Publication Date: 2023-12-15
    Practice Area: Criminal Law
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    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
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    for defendant:

    Case Number: 23-1055

    Defendant appealed the sentence imposed following his conviction for child pornography offenses, challenging the substantive reasonableness of the sentence.

  • United States v. Freeman

    Publication Date: 2023-12-13
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-2211

    Defendant appealed from the judgment of sentence imposed following his guilty plea to possessing a gun as a convicted felon.

  • United States v. Vallejo

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3431

    Defendants appealed the district court's denial of their motions for sentence reductions.

  • Tyger v. Precision Drilling Corp.

    Publication Date: 2023-09-11
    Practice Area: Labor Law
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1613

    District court erred in granting summary judgment in oil workers' FLSA action seeking compensation for time spent changing into and out of safety gear and court found the Second Circuit test the district court applied was too narrow, there were genuine factual disputes including whether changing was required by law, employer's rules or the nature of the work, whether it was industry custom to change onsite and whether it took more than a de minimis amount of time. Vacated and remanded.

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