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   Federal Courts - 3rd Circuit Court of Appeals - May 10, 2006

  
United States v. Santiago, No. 05-1515, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 10, 2006, Opinion Filed
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Overview: Because, inter alia, defendant was questioned before his formal arrest for an armed robbery and well before his indictment, the right to counsel did not attach until the initiation of adversary judicial proceedings and his confession was not wrongfully admitted in violation of his Sixth Amendment rights.

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United States v. Santiago, No. 05-1649, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 10, 2006, Filed
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Overview: Defendant's conviction for interference with commerce by robbery under Hobbs Act, 18 U.S.C.S. § 1951, was affirmed because his prosecution did not violate Commerce Clause as Hobbs Act could be applied to robberies involving minimal impact on interstate commerce, and government satisfied its burden of showing impact on interstate commerce.

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United States v. Savage, No. 05-3074, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 10, 2006, Filed
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Overview: District court's chosen sentence, 120 months imprisonment, fell within both the 26 and 24 offense level ranges. Thus, even if defendant was correct that his total offense level should have been 24, the appellate court saw no reason to vacate his sentence, as it fell within the guideline range corresponding to offense level 24.

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United States v. Tykarsky, No. 04-4092, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 10, 2006, Filed
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Overview: When a jury failed to make a special finding that defendant's use of the Internet to engage in illicit sex with a minor occurred after the effective date of Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act, Pub. L. No. 108-21, 117 Stat. 650 (2003), defendant's sentence under 18 U.S.C.S. § 2422(b) was vacated.

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