Third Circuit: USA v. Marcus Walker

 

Historical cell site information obtained without a warrant appropriately considered under the good faith exception.

Where the underlying data was also admitted, testimony by only one of several collaborating investigators did not violate the Confrontation Clause.

Investigator's testimony that the technical evidence was consistent with the physical investigation was not improper vouching or bolstering.

As Hobbs Act Robbery is simply the common law felony in an interstate commerce and a non-physical threat therefore wouldn't fall within its scope, the completed crime is categorically a crime of violence.

As the attempt presumes the full offense, the US Code generally defines attempts specific to each offense, and the intent of the legislature was to prevent violent crime, attempted Hobbs Act Robbery is categorically a crime of violence.

Jury instructions sufficiently identified the robbery, and not the conspiracy as the predicate for convictions under the Hobbs Act.

USA v. Marcus Walker

Seventh Circuit: Katrell Morris v. USA

Habeas, AEDPA, Attempt, ACCA

Habeas grant for challenge to ACCA residual clause predicate.  Although an unpublished decision of the Circuit has held the crime to be a valid predicate under another clause, it insufficiently considered the state's law of attempt.

Concur: Attempt as predicate should only require the attempt at an act that would itself satisfy all the elements.


Katrell Morris v.   USA

Eighth Circuit: United States v. Aemonn Alexander

ACCA predicates

State attempted second degree assault s a valid predicate, as it requires a substantial step and intent to cause physical harm.

http://media.ca8.uscourts.gov/opndir/16/01/151210P.pdf