The Third Circuit issued three published opinions yesterday.

US. v. Rivera-Cruz — criminal — affirmance — Hardiman

The introduction ably explains:

Reynaldo Rivera-Cruz appeals an order of the United
States District Court for the Middle District of Pennsylvania
denying his motion for a sentence reduction. The relevant
statute (18 U.S.C. § 3582(c)(2)) authorizes sentence
reductions for defendants initially “sentenced to a term of
imprisonment based on” a United States Sentencing
Guidelines (USSG) range that was later lowered by the
United States Sentencing Commission. In Koons v. United
States, 138 S. Ct. 1783 (2018), the Supreme Court held that
such relief is unavailable to a defendant whose Guidelines
range is “scrapped” in favor of a statutory mandatory
minimum sentence. Id. at 1787–88. We now hold that the
same is true where, as here, a statutory maximum displaces
the defendant’s Guidelines range.

In Koons, a statute set the available sentence completely outside the Guidelines range, by requiring a minimum that was above the top of the range. Here, the statute also took the available sentence completely out of the Guidelines range, but by setting a maximum that was below the bottom of the range. The court reasoned that the “distinction is immaterial” here.

Joining Hardiman were Krause and Bibas. The case was decided without oral argument.

Schultz v. Midland Credit Mgmt. — civil / FDCPA — reversal — Vanaskie

A debt collector sent out form collection letters stating that forgiveness of debt may be reported to the IRS. But some of the recipients of that letter owed less than $600, and the IRS doesn’t require reporting of debt discharges under $600. One such recipient filed a putative class action suit against the debt collector under the Fair Debt Collection Practices Act. The district court dismissed, but the Third Circuit reversed, cautioning that the convenience of using form letters does not excuse compliance with the FDCPA.

Joining Vanaskie were Hardiman and Shwartz. Arguing counsel were Andrew Milz of Flitter Milz for the recipients and David Schultz of Chicago for the debt collector.

Judge v. Shikellamy School Dist. — civil — affirmance — Hardiman

A school principal was arrested on charges of drunk driving and resigned as principal but later sued alleging constructive discharge. Concluding that her resignation was voluntary, the Third Circuit affirmed dismissal of her suit. The opinion explained that the court had not explained how to analyze constructive-discharge claims, and the court adopted the Eleventh Circuit’s five-point framework.

Joining Hardiman were Krause and Bibas. The case was decided without oral argument.