News & Blog
Ineffective Assistance of Counsel – When Defense Counsel Miscalculates the Guidelines
September 24th, 2015
This month, the Third Circuit decided two habeas corpus petitions, granting relief in one, United States v. Bui, –F.3d–, 2015 WL 4620059 (3d Cir. Aug. 4, 2015), and denying relief in the other, United States v. Fazio, –F.3d–,…
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No Fifth Amendment Privilege As To Foreign Bank Accounts
September 24th, 2015
Recently, the United States Court of Appeals for the Third Circuit confronted the question of whether the Fifth Amendment privilege against self-incrimination applies when the Government subpoenas foreign bank records under 31 C.F.R. § 1010.420. In…
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Post-Arrest Silence and the Fifth Amendment
September 24th, 2015
Recently, the Third Circuit in United States v. Edwards, — F.3d –, 2015 WL 4069280 (3d Cir. 2015), ruled that the Government’s use of post-Miranda silence during a trial to imply guilt violates the Fifth Amendment and was not harmless e…
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When Is There Reasonable Suspicion to Make a Terry Stop?
September 24th, 2015
In United States v. Lowe, — F.3d –, 2015 WL 4032921 (3d Cir. 2015), the third Circuit ruled that police did not have reasonable suspicion to conduct a Terry stop and suppressed the evidence found as a result. On September 19, 2010, at 4.0…
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Recent 11th Circuit En Banc Case Regarding Cell Phone Tracking
March 1st, 2015
Federal Criminal Defense Attorney Hope C. Lefeber Discusses Recent 11th Circuit En Banc Case Regarding Cell Phone Tracking Circuit Court of Appeals to rehear arguments regarding constitutionality of warrantless cell phone tracking. Philadelphia, Penn…
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Recent Proposals to Federal Sentencing Guidelines
February 27th, 2015
Federal U.S. Sentencing Commission Proposes Changes to White Collar and Relevant Conduct Sentencing Guidelines. Ms. Lefeber discusses the proposals. Philadelphia, Pennsylvania February 27, 2015 To mark the ten year anniversary of U.S. v. Booker, 543…
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Recent Third Circuit Expansion of Exclusionary Rule
February 25th, 2015
Federal Criminal Defense Attorney Hope Lefeber Discusses Recent Third Circuit Expansion of Exclusionary Rule The Third Circuit, in U.S. v. Wright, 2015 WL 507169 (3d Cir. Feb. 2015) that DEA Agents’ inadvertent failure to include list of items to b…
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Abuse of Trust Sentencing Enhancement for Physician in Medicare Fraud
January 24th, 2015
Federal Criminal Defense Attorney Hope Lefeber Discusses Recent Third Circuit Case Affirming Abuse of Trust Sentencing Enhancement for Physician in Medicare Fraud In U.S. v. Babaria, 2014 WL 7399043, the Third Circuit held that a physician who paid k…
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Top Ten Attorney in Pennsylvania Hope Lefeber Named by National Academy of Criminal Defense Attorneys
December 30th, 2014
Philadelphia, Pennsylvania December 30, 2014 Philadelphia and New York City Criminal Defense Attorney, Hope Lefeber, was recently ranked as one of the Top Ten Criminal Defense Attorneys in Pennsylvania by the National Academy of Criminal Defense Atto…
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Police Officer's Mistaken Understanding of the Law is Irrelevant in Traffic Stop
December 28th, 2014
Federal Criminal Defense Attorney Hope Lefeber Discusses Supreme Court Case Holding That Police Officer’s Mistaken Understanding of the Law Is Irrelevant in Traffic Stop Heien v. North Carolina, 574 U.S. (2014), is a decision by the United States S…
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