TLR 3d Circuit Blog

US v. Smith

Filed July 22, 2014

Sentencing enhancements for abduction and loss were appropriately applied by the district court, because a defendant’s “intended crime need not be accomplished for the abduction enhancement to apply” and “temporary takings of property may justify application of the loss enhancement.” Continue reading

Batchelor v. Rose Tree Media School District

Filed July 17, 2014

The administrative exhaustion requirement in the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400–1482, applies to claims that a school district unlawfully retaliated against a child, or her parents, for enforcing the child’s IDEA rights. Continue reading

US v. Flores-Mejia

Filed July 16, 2014

The Third Circuit adopted a new rule: “[W]hen a party wishes to take an appeal based on a procedural error at sentencing . . .that party must object to the procedural error complained of after sentence is imposed in order to avoid plain error review on appeal.” Continue reading

Shamokin Filler Co. v. Fed. Mine Safety and Health Review Comm’n

Filed July 11, 2014

The Third Circuit held that a facility that manufactures products from coal that is mined and processed elsewhere is properly regulated by the Mine Safety and Health Administration (MSHA), not the Occupational Safety and Health Administration (OSHA). Continue reading

USA v. Cruz

Filed July 10, 2014

The government can have a sufficiently important interest to forcibly medicate a mentally incompetent defendant for sentencing. Continue reading

Branch v. Sweeney

Filed July 9, 2014

An appellant seeking post-conviction relief based on ineffective assistance of counsel for failing to call potentially exculpatory witnesses is entitled to an evidentiary hearing to determine his attorney’s alleged deficiencies, unless the necessary evidence is explicit in the record. Continue reading