Practice Note

Third Circuit Adopts 5:00 PM Filing Deadline

https://www.ca3.uscourts.gov/sites/ca3/files/PublicNoticeRegardingDeadlineRule.pdf

Effective July 1, 2023, the Third Circuit amended its local rules to require all filings, with the exception of those initiating a new appeal or other proceeding, to be made by 5:00 p.m. The Court provided a grace period until the end of 2023 for documents mistakenly filed after the new 5:00 cutoff.

Precedential Opinions of Note

Application Note 3(F)(ii) to Economic Loss Sentencing Guideline Does Not Apply to DBE Procurement Cases

United States v. Kousisis (April 21, 2023), No. 19-3679
http://www2.ca3.uscourts.gov/opinarch/193679p.pdf
Unanimous decision: McKee (writing), Restrepo, Greenaway Jr.

Background

Defendants won two large contracts with the Department of Transportation to repair and paint the Girard Point Bridge and 30th Street Station in Philadelphia, PA. Their contracts required that a disadvantaged-business enterprise (DBE) perform certain material services. A DBE never performed such services, but the Defendants submitted false documentation certifying that a DBE had performed the work. In turn, the Defendants received credit for DBE services and progress payments. Ultimately, a jury convicted Defendants for false statements and related charges. At sentencing, the district court determined the Defendant’s ill-gotten profits were the appropriate measure of loss.

Holding

The Court vacated the Defendants’ sentences. As a...

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