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Third Circuit Grants Ineffective Assistance of Counsel Claim
October 25th, 2014
On October 20, 2014, the Third Circuit granted Dung Bui’s habeas petition in U.S. v. Bui, 2014 WL 5315061 (3d Cir, Oct. 20, 2014). Since Congress’ passing of the Antiterrorism and Effective Death Penalty Act in 1996, successful habeas petitions a…
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Third Circuit in U.S. v. Caldwell Reverses Conviction Where Evidence Of Prior Convictions Were Erroneously Admitted
August 26th, 2014
The Third Circuit, in Caldwell has issued a lengthy opinion which clearly explains Federal Rules of Evidence 403 and 404(b) and the law regarding the introduction of evidence of prior convictions in a federal criminal trial. Caldwell was convicted in…
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3rd Circuit Upholds Conviction for Securities Fraud For Trading On Information Learned At Alcoholics Anonymous Meeting
August 16th, 2014
A financial adviser who made more than $250,000 trading on insider information he got from a fellow Alcoholics Anonymous member failed in his bid to overturn his conviction by challenging the validity of the rule he violated. Timothy McGee, who was c…
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Federal Defense Attorney Hope Lefeber Discusses Recent Third Circuit Opinions
July 28th, 2014
Third Circuit Spring Recap U.S. v. Velazquez, 749 F.3d 161 (3d Cir. 2014) In U.S. v. Velazquez, the Third Circuit ruled that the government’s minimal efforts to apprehend Velazquez violated his Sixth Amendment right to a speedy trial. In 2005, the…
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Federal Criminal Defense Attorney Hope C. Lefeber Discusses Supreme Court’s Decision To Decide Whether A Facebook Post Can Be a Criminal Threat
July 1st, 2014
Last week, the United States Supreme Court agreed to hear an appeal from the Third Circuit about … Facebook! Surprisingly enough, this case is not about the company’s privacy policies or about its seemingly arbitrary removal of “offensive…
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Federal Criminal Defense Attorney Hope C. Lefeber Discusses Recent 3rd Circuit Case Ruling That A Person Has No Fourth Amendment Protection When Using Shared Wi-Fi
June 24th, 2014
Last week was a busy week for the Fourth Amendment in the Courts of Appeal. On the same day that the Eleventh Circuit ruled that the Fourth Amendment covers data obtained from cell towers, the Third Circuit in U.S. v. Stanley ruled that the Fourth Am…
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Federal Criminal Lawyer, Hope Lefeber, Discusses 11th Circuit Ruling Holding Cell Phone Tracking Unconstitutional
June 19th, 2014
On June 11, 2014, the U.S. Court of Appeals for the 11th Circuit ruled that obtaining data from a cell phone tower without “probable cause” violated the Fourth Amendment. In U.S. v. Quartavious Davis, the Court of Appeals ruled that individuals h…
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U.S Supreme Court To Feds: "Stay Out Of The States' Business"
June 10th, 2014
The U.S. Supreme Court finally ruled that Carol Anne Bond’s assault on Myrlinda Hayes did not violate the Chemical Weapons Convention Implementation Act of 1998. Federal Criminal Defense Attorney Hope C. Lefeber explains how the Supreme Court’s d…
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Supreme Court Hears Arguments On Whether Police Need Search Warrant for Cellphones
April 29th, 2014
In a major test of how to interpret the Fourth Amendment and privacy rights in the digital age, the Supreme Court heard arguments today about whether the police need warrants to search the cellphones of the people they arrest. The courts have long al…
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Categories: Drug Crimes, Federal Law, Federal Violations and Crimes, Fourth Amendment, Fraud, Government Fraud, Search and Seizure, Securities, Sentencing and Appeals, Tax, White Collar Crimes
Tags: Acquittal, Drug Crimes, Evidence, federal charges, Fourth Amendment, Fraud, health care, Hope C. Lefeber, Hope Lefeber, Insurance Fraud, Mail and Wire Fraud, money laundering, Mortgage Fraud, New York City criminal defense lawyer or attorney, not guilty, philadelphia defense attorney, Possession With Intent To Deliver, Search and Seizure, Securities, white collar crime, White Collar Crimes
Federal Criminal Defense Attorney Hope Lefeber Discusses U.S. Supreme Court Decision Regarding Restitution in Criminal Cases
April 29th, 2014
The U.S. Supreme Court, in Paroline v. U.S., 2014WL1612426 (April 23, 2014) held that a defendant in a child pornography case must pay restitution to the victim In an amount proportionate to the losses that defendant caused.
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Categories: Federal Law