Two new opinions

US v. Graves — criminal — affirmance — Roth

The Third Circuit today affirmed a criminal conviction and sentence, rejecting the defendant’s arguments that his motion to suppress should have been granted and that he should not have been sentenced as a career offender. The court deepened a circuit split over a subsidiary legal question, the level of force required to sustain a generic federal robbery conviction. It also held that the most important factor in determining the elements of a generic offense was the approach of the majority of states, not the Model Penal Code.

Joining Roth were Hardiman and Fisher. Arguing counsel were Ronald Krauss of the MDPA federal defenders for the defendant and Stephen Cerutti II for the government.


Constitution Party of Pa. v. Cortes — elections  — reversal — Roth

Last year, the Third Circuit affirmed a ruling striking down certain laws that made it difficult for third parties to get on the ballot. On remand, the district court set new signature-gathering standards for third-party candidates, but it made no factual findings and gave no explanation for the standards it chose. Today, the Third Circuit held that this lack of fact finding requires reversal.

Joining Roth were Smith and Jordan. Arguing counsel were Oliver Hall of the Center for Competitive Democracy for the parties and Claudia Tesoro of the Pa. A.G.’s office for the appellee.