New opinion — Third Circuit reissues opinion to clarify elements/means analysis

U.S. v. McCants — criminal — affirmance — Hardiman

In a decision reissued upon granting the appellant’s motion for panel rehearing, the Third Circuit again rejected a criminal defendant’s Fourth Amendment challenge to his conviction and his challenges to his sentencing as a career offender based on prior NJ convictions for second-degree robbery as crimes of violence.

While the new opinion does not indicate what changes it made, the changes appear to focus on elaborating on why the court concluded that New Jersey’s robbery statute set out alternative elements rather than means. I notice a new sentence on page 15 (beginning “‘At a trial, they are what ….”) and three new paragraphs on pages 16 and 17 (from “By contrast, in Mathis” through “list elements, not means.”)

Joining Hardiman are Krause and Bibas. Arguing counsel were Leticia Olivera of the NJ FPD for the defendant and Richard Ramsay of the NJ USAO for the government.