Steven J. Gaitman, Esq.
Steven J. Gaitman, a former New York public defender with 25 years of experience in criminal law, is a partner at Gaitman & Russo, LLP. Mr. Gaitman is licensed in New York, New Jersey and Federal courts. The firm focuses its practice in Federal and State criminal defense, criminal appeals, and post-conviction relief. He can be reached directly at 877-707-5659 or at https://www.notguiltyli.com/contact-us/
In today’s Third Circuit Criminal Caselaw Roundup we’ll be discussing the latest in developments of Federal criminal law, criminal appeals, and post-conviction relief from the United States Court of Appeals for the Third Circuit.
Cases we’ll cover include Conspiracy and Possession with Intent to Distribute Fentanyl and Methamphetamine, standard conditions of release, and more.
The Third Circuit Criminal Caselaw Roundup is a blog and video podcast by criminal defense and appeals lawyer Steven J. Gaitman, summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the United States Court of Appeals for the Third Circuit. Each week we digest the latest reversed decisions of interest from United States Court of Appeals for the Third Circuit and the United States Supreme Court.
This is a FREE service designed to give you the cutting edge of developments in Federal criminal law, criminal appeals, and post-conviction relief.
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CLICK TO READ United States v. David Jusino Ramirez, Docket # 22-1656
Defendant was charged with Conspiracy and Possession with Intent to Distribute Fentanyl and Methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A), and 18 U.S.C. § 2. He was arrested for transporting drugs from California to Pennsylvania via a commercial tractor-trailer. He was convicted after trial and was sentenced to 120 months imprisonment, 5 years of Supervised Release, and subject to a special condition of full-time employment. On appeal, he challenged the full-time work requirement.
The Third Circuit reversed the sentence, ruling that the District Court imposed all standard conditions of release without factual findings or analysis of their appropriateness to Jusino’s case. Defendant will be seventy-three years old when he becomes eligible for release, well past the average age of retirement.4 Without factual findings from the District Court, it is difficult to see how requiring a seventy-three-year-old man to find employment after nearly ten years of incarceration is reasonably related to his rehabilitation, his likelihood of recidivating, or the public’s protection.
Remanded for further consideration by the District Court.
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