Justia Criminal Law Opinion Summaries

Moreno was involved in a mortgage-fraud scheme as an appraiser who supplied inflated appraisals to other members of the scheme in exchange for money. He was also involved as broker, buyer, or seller, in other fraudulent transactions. Moreno was found guilty of five counts of wire fraud and two counts of conspiracy to commit wire fraud and sentenced to 96 months’ imprisonment. The Third Circuit affirmed the conviction, but vacated the sentence. The court rejected claims of violation of the Confrontation Clause and the hearsay rule, based on the testimony of a cooperating witness, who read statements of a non-testifying U.S. Secret Service Special Agent into the record. The court also upheld a finding that there were more than 50 victims and a resulting application of a four-level enhancement under the Sentencing Guidelines. The court erred in permitting the prosecutor, during Moreno’s sentencing allocution and without leave of court, to engage in a vigorous cross-examination of Moreno. View "United States v. Moreno" on Justia Law

Officer Grenier was notified by radio of multiple calls reporting shots fired near the intersection of East 23rd and Crosby Streets, a well-known drug trafficking location. The dispatcher reported that there was a white vehicle heading east on East 23rd Street toward Madison Street. The dispatcher did not further describe the vehicle, its passengers, the identity of the callers, or when the shooting reportedly occurred, but Grenier interpreted the dispatcher’s use of priority tone to indicate that the shooting was in progress. Driving on Madison Street in his marked police car, Grenier observed a white vehicle, driven by West, coming from the location of the reported shooting. Grenier stopped the car. West unsuccessfully moved to suppress a firearm found during a subsequent search. The Third Circuit affirmed his conviction for possession of a firearm by a convicted felon, finding the stop constitutional. View "United States v. West" on Justia Law

A former inmate claimed that correctional officers violated her constitutional rights when, without proper authorization, they took her from one place of confinement to another where they denied her potable water, clothing, and sanitary napkins and related medications and subjected her to an unlawful body cavity search. The district court granted three defendants summary judgment and dismissed remaining claims against the other defendants, finding that she did not demonstrate that there were issues of material fact and that the complaint did not allege facts constituting a cause of action. The Third Circuit affirmed as to the former New Jersey Attorney General, New Jersey Commissioner of Corrections, and a Correctional Sergeant, but reversed dismissal of cruel and unusual punishment claims against unnamed defendants with respect to: the alleged denial of potable water and sanitary napkins and related medications; the inmate being required to go to the shower or otherwise be exposed while naked in the presence of male prison personnel and inmates; body cavity search claims. View "Chavarriaga v. NJ Dep't of Corrs." on Justia Law

Singh, a citizen of India, was granted asylum in 1993, and adjusted to lawful permanent resident status in 1994. In 2000, Singh was convicted of conspiracy to counterfeit passports, counterfeiting and using visas, and mail fraud, 18 U.S.C. 371; unlawful possession of forged, counterfeited, altered, and falsely-made non-immigrant U.S. visas, 18 U.S.C. 1546. Singh departed the U.S. and re-entered in 2003. In 2009, he applied for admission as a lawful permanent resident. He was instead detained and served with a notice of removal charging him as inadmissible because he had committed a crime involving moral turpitude: his 2000 counterfeiting conviction. Singh appeared before the Immigration Court, acknowledged proper service, admitted all of the factual allegations, and conceded the sole charge of removability. Singh sought cancellation of removal, and indicated that he would not be seeking any alternative forms of relief. The IJ denied Singh’s application because Singh had not accrued the requisite seven years of continuous residence required by 8 U.S.C. 1229b(a). The BIA affirmed. The Third Circuit denied a petition for review. Singh’s continuous residency clock stopped in 2000 when he committed his crime involving moral turpitude and could never re-start. View "Singh v. Attorney Gen., United States" on Justia Law