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| In re Razzoli, No. 05-3797,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 3, 2006, Filed
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Overview: Inmate was not entitled to writ of mandamus ordering his immediate release from prison because such relief was available to him by way of habeas petition, which had been filed and was pending in district court, and to extent he sought writ ordering district court to rule on his habeas petition immediately, there had been no undue delay.
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| Singh v. Gonzales, No. 04-4261,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 3, 2006, Filed
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Overview: Conviction for simple assault, as defined by 18 Pa. Cons. Stat. § 2701(a)(3), was a crime of violence within 18 U.S.C.S. § 16(a), because it required specific intent to use, threaten to use, or attempt to use force against an individual; thus, alien's simple assault was aggravated felony under 8 U.S.C.S. § 1101(a)(43), rendering him removable.
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| United States v. Diaz, No. 03-1905,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 3, 2006, Filed
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Overview: Defendant was entitled to a remand for resentencing pursuant to Booker because he was sentenced under the mandatory guideline regime and his sentence was on direct appeal when Booker was decided; thus, defendant's sentence was vacated and matter was remanded for resentencing.
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| United States v. Long Tong Kiam, No. 05-1384,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 3, 2006, Filed
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Overview: Individual, who was later convicted of alien smuggling, was not entitled to Miranda warnings when questioned by border officials until a criminal investigator was called in because the initial questions had a bearing on the individual's admissibility. Even if the initial questions had been improper, the later Mirandized statements were not tainted.
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